NEW DELHI: The Supreme Court has strongly criticized the trial courts of Bihar, as well as the Patna High Court, the police, and the prosecution in the case involving the rape and murder of a ten-year-old girl. The bench led by Justice B R Gavai, has annulled the High Court's decision to uphold the death sentence of the accused. Instead, they have directed the Patna High Court to expedite its decision after hearing fresh arguments on the death sentence and the appeal. Criticisms were also raised regarding the investigation particularly concerning the role of a crucial accused in the case which was not adequately explored and the truth remained elusive. The judges are expected to exhibit more than robotic behaviour.
In June 2015, Munna Pandey the accused, approached the Supreme Court to contest the death sentence he received for his involvement in the rape and murder of a girl in Sabour police station in Bihar. Crucial witness statements indicate that Pritam Tiwari, another accused in the case claimed to have seen the girl being taken away from her home on the day of the incident. However, neither the trial court in Bhagalpur nor the Patna High Court, the police nor the prosecution pursued this critical lead. There was a glaring absence of any attempt to uncover the truth. The Supreme Court admonished the trial court for being a passive observer.
Judges are expected to be impartial and fair; however, the Supreme Court emphasized that they must not turn a blind eye to glaring issues. There were serious lapses in the police investigation, with even the forensic report remaining unavailable. These deficiencies only scratch the surface of the failures in this case. In a grave incident like this, the investigating officer exhibited a grave lapse in duty. It is imperative that the Patna High Court expedites its decision on the appeal considering that the accused has been incarcerated for nine long years.