WARIS versus STATE OF MADHYA PRADESH

WARIS versus STATE OF MADHYA PRADESH

The trial Court erred in appointing legal aid counsel on the day of testimony and proceeding to record and complete cross-examination of the star prosecution witness without affording the appointed counsel reasonable time to prepare; this caused grave prejudice to the accused's right to a fair trial, particularly in a capital case, and justified exercise of powers under Section 408 BNSS (corresponding Section 367 CrPC) read with Section 432 BNSS (corresponding Section 391 CrPC) to remit the matter to the trial Court for further examination of PW-1 and to ensure adequate legal assistance and witness protection.

Parties
Appellant: Waris; Respondent: State of Madhya Pradesh
Jurisdiction
India
Judgment Date
08 May 2025
Procedural Posture
Criminal Appeal / Appeal to Supreme Court; Matter Remitted to Trial Court for Further Examination of Star Prosecution Witness (pw 1) and Listed for Further Hearing
Outcome
Matter remitted to the trial Court (Second ASJ and Special Judge (POCSO Act), Jaora, District Ratlam) for further examination of the star prosecution witness (PW-1) with directions; appeal not finally disposed of pending further proceedings and listing.
Legal Topics
Right to Counsel, Fair Trial, Remittal/retrial, Death Penalty Confirmation, Legal Aid Defence Counsel Scheme
Criminal Law Constitutional Law Legal Aid Evidence POCSO Act Witness Protection Right to Counsel Fair Trial +3 more

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Parties

Waris

Appellant

State of Madhya Pradesh

Respondent

Procedural Posture

Criminal Appeal / Appeal to Supreme Court; Matter Remitted to Trial Court for Further Examination of Star Prosecution Witness (pw 1) and Listed for Further Hearing

Legal Issues

  1. 1 Whether the trial Court erred in appointing legal aid counsel on the day of trial and proceeding with recording and completing cross-examination of the star prosecution witness without giving reasonable time to prepare
  2. 2 Whether denial of competent experienced defence counsel and lack of reasonable opportunity to prepare vitiated the fairness of the trial in a capital case
  3. 3 Whether provision of legal aid defence counsel is within the scope of Article 22(1) of the Constitution and the remedial powers under BNSS/CrPC permit remittal for further evidence

Ratio Decidendi

The trial Court erred in appointing legal aid counsel on the day of testimony and proceeding to record and complete cross-examination of the star prosecution witness without affording the appointed counsel reasonable time to prepare; this caused grave prejudice to the accused's right to a fair trial, particularly in a capital case, and justified exercise of powers under Section 408 BNSS (corresponding Section 367 CrPC) read with Section 432 BNSS (corresponding Section 391 CrPC) to remit the matter to the trial Court for further examination of PW-1 and to ensure adequate legal assistance and witness protection.

Court Disposition

Matter remitted to the trial Court (Second ASJ and Special Judge (POCSO Act), Jaora, District Ratlam) for further examination of the star prosecution witness (PW-1) with directions; appeal not finally disposed of pending further proceedings and listing.

Orders

  • Remit the matter to the trial Court for further examination of PW-1 (Smt. Salma Bi) under Section 408 BNSS read with Section 432 BNSS
  • Summon PW-1 and provide accused an appropriate opportunity to conduct cross-examination; PW-1 to be summoned on 11th June, 2025