LI Network
Published on: December 25, 2023 at 12:50 IST
The Patna High Court has overturned the death sentence of a man convicted in a gang rape and murder case, citing the Trial Court’s heavy reliance on sniffer dog evidence.
Handling a death Sentence reference and criminal appeal jointly, a Division Bench, comprising Justice Ashutosh Kumar and Justice Alok Kumar Pandey, expressed dissatisfaction with the Trial Court’s handling of the case.
The Court highlighted that the Trial Court had convicted and sentenced the appellant to death based solely on the evidence of a sniffer dog, without considering basic legal principles.
In this case, the appellant faced convictions under Sections 302, 201, 376DB, and 34 of the Indian Penal Code (IPC) and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).
The Trial Court sentenced him to death by hanging and issued additional directives, including compensation of Rs. 10,00,000/- to the victim’s family. The case involved the gang rape and murder of a 12-year-old girl near a temple during the Nagpanchami festival.
The High Court criticized the Trial Court’s reliance on sniffer dog evidence, pointing out that the listed circumstances were either legally irrelevant or factually incorrect.
The Court noted that the Trial Court neglected basic legal principles, placing undue emphasis on the sniffer dog’s actions without considering the dog handler’s testimony or reliability.
Highlighting flaws in the investigation and trial, the High Court emphasized that the judicial system cannot heavily rely on sniffer dog expertise without proper assessment of the dog’s skills, training, and the handler’s capabilities.
It noted that the Trial Court failed to question the appellant on crucial circumstances, violating the mandate of Section 53A of the Cr.P.C.
In conclusion, the High Court dismissed the reference, allowed the appeal, and set aside the Trial Court’s conviction.
Case Title: The State of Bihar v. Amar Kumar