Supreme Court Overturns High Court’s Retrial Order in Punjab Gang Rape and Suicide Case

The Supreme Court of India, in its judgment dated October 8, 2021, set aside the High Court of Punjab and Haryana’s order directing a retrial in a case involving a gang rape and subsequent suicide of the prosecutrix. The case, which originally led to the conviction of multiple accused, was remitted by the High Court for a fresh trial. However, the Supreme Court held that such an order was unwarranted and would result in a miscarriage of justice.

Background of the Case

The case originated from an incident on November 13, 2012, when the prosecutrix was allegedly abducted and sexually assaulted by Balwinder Singh, Gurpreet Singh, and Sandeep Singh. Following the traumatic event, the prosecutrix committed suicide on December 26, 2012, leaving behind a suicide note naming the accused. The investigating officer, Sub-Inspector Nasib Singh, was alleged to have conducted a tainted investigation, leading to the registration of multiple FIRs—FIR 96 of 2012 concerning the gang rape and FIR 187 of 2012 regarding the abetment of suicide.

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High Court’s Decision

The Punjab and Haryana High Court, in its judgment dated December 20, 2019, found that conducting separate trials for the rape and abetment of suicide had resulted in a miscarriage of justice. The High Court held that both cases were interconnected and should have been tried together under Section 223(d) of the CrPC. Accordingly, it remitted the convictions and acquittals in both cases and directed a fresh trial.

Supreme Court’s Ruling

The Supreme Court, while allowing the appeal of SI Nasib Singh, set aside the High Court’s order and reinstated the original convictions and acquittals. The Court emphasized that the power to order a retrial is exceptional and should only be exercised when there is a failure of justice. The Court observed:

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“A retrial should only be ordered in extreme cases where the trial has been vitiated by serious illegalities or irregularities. In this case, the High Court’s reasoning does not demonstrate any miscarriage of justice that would necessitate a retrial.”

The Supreme Court also highlighted that the evidence recorded in the initial trials would be wiped out if a retrial were to be conducted. Given that key witnesses had since passed away, a retrial would cause undue prejudice to the parties involved.

Conclusion

By overturning the High Court’s decision, the Supreme Court reaffirmed the principle that retrials should not be ordered lightly. The Court’s ruling ensures that the justice process remains fair while preventing unnecessary delays in criminal proceedings. The appeals filed in the High Court have been restored for fresh adjudication on their merits.

Petitioner Name: Nasib Singh.
Respondent Name: The State of Punjab & Anr..
Judgment By: Justice Dhananjaya Y Chandrachud, Justice Vikram Nath, Justice B.V. Nagarathna.
Place Of Incident: Punjab.
Judgment Date: 08-10-2021.

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