Mumbai, March 24 -- The Bombay High Court today ordered a fresh trial for an accused who has been convicted to death by the Nashik Sessions court for his allaged involvement in rape and murder of a minor, as he was not represented by a lawyer during the earlier proceedings, and also set aside the death sentence awarded to him.
While observing that the accused has a fundamental right to a fair trial, the bench of Justices Sarang Kotwal and Sandesh Patil said that while the offence was "horrific and grave" and the victim's family was still awaiting justice, the accused could not be denied his fundamental rights.
The court found that from the stage of framing of charges to the examination of key prosecution witnesses, the accused had no lega...