Overview
- The division bench of Justices Sarang V. Kotwal and Sandesh D. Patil set aside the 2019 Nashik conviction on Tuesday, directing a fresh trial to finish within ten months.
- The High Court found the accused had no legal representation from charge framing through key testimony, with Live Law reporting that 11 prosecution witnesses were examined when he had no lawyer.
- The judges faulted the special court under the POCSO law for unnecessary haste, noting that courts created to speed child-sex cases must still follow due process.
- The state’s lawyer conceded during the hearing that the trial was unfair and asked the bench to remand the case for a new trial, which the court accepted.
- The court warned that the victim’s mother and grandmother will likely relive trauma as witnesses in the retrial and urged the judge and lawyers to handle their testimony with care.