"Justice has nothing to do with what goes on in the courtroom; Justice is what comes out of a courtroom," Supreme Court

In a landmark decision, the Supreme Court of India set aside the High Court's verdict convicting Munna Pandey in a rape and murder case involving a 10-year-old girl. The bench consisting of Hon'ble Justices B.R. Gavai, J.B. Pardiwala, and Prashant Kumar Mishra raised serious concerns about the "serious lapses in the investigation" and the "inadequate 313 examination of the accused."

In their observation, the Court emphasized, "justice is not merely about courtroom proceedings but about the outcome that ensures truth and fairness," thereby remitting the case for a fresh trial.

The Court scrutinized the glaring shortcomings in the investigation, such as the failure to obtain a Forensic Science Laboratory (FSL) report, lack of medical examinations of the accused, and absence of DNA profiling evidence, which were vital in a case of such severe nature.

Besides, the Court stressed the role of a judge in a fair trial, stating that judges "are not mere spectators or recording machines but play an active role in questioning witnesses, seeking relevant information, and upholding the pursuit of truth and justice."

The bench also criticized the High Court's approach in making assumptions regarding the appellant being the sole perpetrator, neglecting the presence of a co-accused and other significant evidence.

Notably, the Court laid great emphasis on the concept of a fair trial, stating it to be "deeply rooted in history, enshrined in the Constitution, and embodied in criminal trial statutes." It underlined the importance of "impartiality and fairness of all parties involved," especially in cases involving capital punishment.

The apex court urged the High Court to expedite the case, considering the appellant's long incarceration, and even suggested appointing legal representation for the appellant if necessary.

This ruling has drawn attention to the critical aspects of criminal procedure, the necessity for a meticulous investigation, and the indispensable role of the judiciary in upholding justice and fairness.

Date of Decision: 04 September 2023

MUNNA PANDEY  vs STATE OF BIHAR