Delhi HC set aside the conviction of a man for being unrepresented by a lawyer.

Case: Narender @ Lala vs. State of NCT of Delhi

Bench: A division bench of Justices Mukta Gupta and Anish Dayal 

The Delhi High Court set aside the conviction and life sentence of a man in a 2018 murder case for being unrepresented by a lawyer. The bench observed that the accused was denied a fair trial in the absence of the opportunity for effective cross-examination of prosecution witnesses.

The bench also noted that the legal aid counsel appointed for the appellant was unable to appear for the cross-examination.

The Court, while sending back the case to the trial court to cross-examine the prosecution witnesses, said that there has been a grave miscarriage of justice. The bench directed the trial court to follow the process of law and record the statement of the appellant under Section 313 of the Code of Criminal Procedure.

BACKGROUND

The bench was hearing an appeal against a judgment convicting the appellant for murder and the sentence of life imprisonment and a fine of ₹10,000/- imposed on him. The challenge of the appellant was that during the course of the trial, he was not represented by a lawyer and, therefore, in the absence of a lawyer, the trial had seriously prejudiced him. He sought a recall of the prosecution witnesses to ensure a fair trial.

The High Court directed the Trial Court to conclude the matter preferably within four months.