Supreme Court Criticizes Patna High Court Over Death Penalty Decision Amid Witness Statement Discrepancies
In a recent development, the Supreme Court has expressed its concerns over the Patna High Court’s decision to confirm the death penalty for an individual accused of rape and murder. The apex court’s reservations stem from the apparent contradictions present in the witness statements.
Witness accounts have shown significant discrepancies when compared to the police’s version of events, particularly concerning the role of the appellant and the co-accused, Pritam Tiwari. The Supreme Court highlighted,
“The case of all the witnesses before the police was that it was Pritam Tiwari who had come to the house of the victim on the fateful day and date and had taken the victim along with him to his house to watch TV. All the statements further reveal that it was Pritam Tiwari who was found locking the door when the witnesses enquired with Pritam Tiwari about the whereabouts of the victim.”
Despite these glaring inconsistencies, it appears that neither the counsel representing the accused, the public prosecutor, the trial court judge, nor the High Court delved deeper into this matter to ascertain the truth. The bench expressed its disappointment, stating that the onus was on the defense counsel to challenge the witnesses based on their police statements. The Supreme Court remarked,
“It was the duty of the defense counsel to confront the witnesses with their police statements … We are sorry to say that the learned defense counsel had no idea how to contradict a witness with his or her police statements in accordance with Section 145 of the Evidence Act, 1872 (for short, ‘Evidence Act’).”
This case underscores the importance of thorough judicial scrutiny, especially in matters as grave as the death penalty. The discrepancies in witness statements and the subsequent reactions of the courts have now become a focal point in the legal community, emphasizing the need for meticulous examination and adherence to the rule of law.
