Bombay High Court Sets Aside Death Sentence in 2021 Pune POCSO Case, Orders Re-hearing

Mumbai/Pune, 24th July 2025: The Bombay High Court on Wednesday quashed a death sentence handed down by a Pune fast-track court in 2022, ruling that the accused had not been granted a fair chance to defend himself in a case involving the rape and murder of a toddler.

A division bench of Justices Sarang Kotwal and Shyam Chandak emphasized that trials involving the death penalty must strictly adhere to principles of natural justice. They cited recent Supreme Court guidelines mandating that courts must provide the accused with a complete and fair opportunity to challenge the evidence and present their defence.

The case pertains to a 38-year-old daily wage labourer who was convicted by a special POCSO court in February 2022 for the abduction, sexual assault, and killing of a two-and-a-half-year-old girl in Pune district in February 2021.

While the High Court did not delve into the merits of the conviction, it found that the absence of expert testimony during the trial had compromised the accused’s right to a fair hearing. “The trial court failed to examine scientific experts despite relying heavily on DNA evidence. This omission undermined the integrity of the proceedings and constitutes a serious lapse,” the High Court observed, referencing a 2025 Supreme Court ruling on due process in capital punishment cases.

The accused, through his legal counsel, had argued that the trial process was flawed and denied him an adequate chance to respond to crucial forensic findings. The High Court concurred that such procedural gaps could not be ignored in a case involving the ultimate punishment.

“The gravity of a death sentence demands that the accused must be allowed to argue every aspect of the prosecution’s case, including any new or additional evidence,” the bench stated. It further added that the trial court must now re-hear final arguments and reconsider the case based on cumulative evidence, though it need not initiate a fresh trial.

The High Court has directed the accused and his defense counsel to appear before the Pune sessions court on August 12 for the next steps.

Meanwhile, the appeal filed by the accused and the reference for confirmation of the death sentence have both been disposed of.