Citation:
Supreme Court:[2024] 12 S.C.R. 335: 2024 INSC 919.[1]
High Court: 2013: AHC:163403-DB.[2]
Bench:
Supreme Court: Justice Abhay S. Oka, Justice Ahsanuddin Amanullah and Justice Augustine George Masih.
High Court: Justice Amar Saran and Justice Bachchoo Lal.
Date of Supreme court Judgment: 02nd December 2024.
Introduction:
Justice is not a mere formality; it is a pursuit of truth. The supreme court’s acquittal due to procedural fairness raises a fundamental question: “should procedural fairness override substantive justice, even when compelling evidence establishes guilt?”While due process is essential but blind adherence to procedural fairness must not come at the cost of justice, particularly in cases of heinous crimes.The Indian criminal justice system faces essential challenges in light of the Ashok v. State of Uttar Pradesh, a case between procedural fairness and substantive justice with victim protections. A ten-year-old victim suffered brutal rape and murder in 2009 that led the Additional Sessions Court (SC and ST act) giving the death penalty to Ashok, However the conviction of death penalty is commuted to life time imprisonment by the High Court of Judicature at Allahabad. The Supreme Court of India reversed the conviction because they found flaws with the trial process including Section 313 CrPC[3] examination procedures.
In this case commentary, we analyze the Supreme Court judgment by affirming the legal maxim “Fiat Justitia ruatcaelum” reminds us, justice must prevail above all, even in the face of procedural fairness.
Background and facts:
A 10-year-old deceased victim suffered rape and murder on May 27, 2009 in Bareilly, Uttar Pradesh. The police filed FIR (First Information Report) against Ashok under Sections 376[4], 302[5], 201[6] IPC along with Section 3(2)5 of the SC/ST Act[7]. Ashok received his death penalty after the Additional Sessions Court (SC and ST act) examined medical and forensic findings combined with eyewitness evidence during the investigation and court proceedings.
Case Timeline: The Tragic Incident of Km. Meera Devi
May 27, 2009 – 9:00 AM
At approximately 9:00 AM of May 27, 2009 10-year-old deceased victim along with her 6-year-old cousin tended their goats at the pasture. Deceased victim’s thirst took her to a tube well for getting water.
May 27, 2009 – 10:00 AM
Ashok was the operator of the tube well. The perpetrator used his wicked intentions to capture the deceased victim forcibly before dragging her into the Kothri (room) where he raped her. He killed her through strangulation after committing the violent crime against her. The suspect tried to cover up his crime by burying her corpse under hay inside the room.
May 27, 2009 – 11:00 AM
The family became suspicious whenher 6-year-old cousin reached home without the victim. Even though the father of the victim asked her 6-year-old cousin about victim’s location, the child remembered only visiting the tube well to get water but she never came back.
May 27, 2009 – 12:00 PM onwards
The increasing worry led father with his friends to check the tube well for the victim. When the father of the deceased victim reached the tube well, he questioned Ashok about the matter where he gave confusing explanations. When father of the deceased victim began searching the room, he found the victim’s dead body concealed beneath the haystack. Nobody had time to react as Ashok escaped from the scene.
May 27, 2009 – 2:00 PM
The crime was immediately reported to Bhuta Police Station which exists 21 km away from the crime scene. The Bhuta Police Station, Clerk-Constable Tejpal Singh recorded the incident,Case Crime No. 259 of 2009 against Ashok based on the accusations of rape under IPC (Indian Penal code) sections 376 and 302 for murder and 201 for evidence destruction with the inclusion of section 3(2)5 under the SC/ST Act. The required entries in the GD books happened at 2:00 PM during that same day.
May 27, 2009 – Afternoon
Sub-Inspector Harikesh Tiwari reached the crime scene and recovered the body of the victim from the Kothri. The investigation found a blood-soaked frock along with a Tahmat cloth that had been secured around victim’s neck and were collected as evidence. Similar recovery memos were documented for these items.
May 27, 2009 – Investigation Begins
Daya Ram Chaudhary as Circle Officer (CO) became responsible for leading the investigative process. CO Daya Ram Chaudhary conducted a thorough investigation by writing down all witness statements, documenting reports and collecting crime evidence. Official reports were joined by photographs and site details for use in legal proceedings.
May 27, 2009 – 11:45 PM
Three doctors – Dr. Anil Kumar Agrawal, Dr. M.K. Shukla, and Dr. Sarika Singh performed a post-mortem examination under orders from the District Magistrate of Bareilly. The medical examination showed the deceased victim was 10 years old at the time of her death. According to the examination’s findings, Throttling caused the victim to die from asphyxia. The victim underwent several differing injuries consisting of chest and neck abrasions with elbow wounds and genital region wounds alongside extensive aggression on her vaginal and anal compartments. The medical investigator discovered during the autopsy that the victim had a cracked larynx along with congested lungs and food particles remaining in her stomach.
May 28, 2009 – 2:20 PM
Ashok was arrested and interrogated. Police investigation led Ashok to show officers where he had hidden victim’s underwear and slippers, and they found it in inside the tube well room’s almirah. During their investigation, investigators retrieved three items of clothing from Ashok which contained blood on them: a white pants, a beige-colored underwear and a nylon vest. The recovery memo documented the retrieved items after police seizure.
Further Investigations and Forensic Reports
The forensic report issued on October 31, 2009, showed that human blood existed on victim’s frock, her underwear and Ashok’s pants. The forensic examination revealed spermatozoa and human semen traces on the underwear items belonging to both.
Witness Testimonies and Trial Proceedings
Deceased Victim’s father validated the order of events. The court allowed her 6-year-old cousin to testify because he was 10 years old during his trial on November 18, 2011. The witness gave a continuous narrative of the event that led to Ashok being as the offender and perpetrator.
[1]Ashok v. State of Uttar Pradesh,2024 INSC 919 (India).
[2] Ashok v. State of Uttar Pradesh, 2013: AHC:163403-DB (India).
[3]Section 313, Code of Criminal Procedure, 1973, No. 2, Acts of Parliament, 1974 (India).
[4] Section 376, The Indian Penal Code, 1860, No. 45, 1860 (India).
[5] Section 302, The Indian Penal Code, 1860, No. 45, 1860 (India).
[6] Section 201, The Indian Penal Code, 1860, No. 45, 1860 (India).
[7] Section 3(2)5, The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, No. 33,Acts of Parliament, 1989 (India).