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Punjab and Haryana HC Quashes Death Sentence in Jhajjar Child Rape-Murder, Orders Fresh Proceedings From Section 313 Stage

The court cited flaws in how the trial judge recorded the accused’s statement under Section 313, requiring a restart from that stage.

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Overview

  • Justices Anoop Chitkara and Sukhvinder Kaur set aside the conviction and death penalty, remanding the case to the sessions court to resume from the Section 313 examination.
  • The bench found that crucial items—including the DNA report, the parents’ statements under Section 164 CrPC, and the toxicology report—were not put to the accused, and that questions were long and compound.
  • The trial court was directed to pose short, specific questions covering all incriminating evidence and to allow the accused to lead defence evidence before issuing a fresh judgment.
  • The High Court disposed of the death sentence confirmation reference as infructuous and asked the sessions court to expedite proceedings while ensuring fairness to the victim’s family.
  • The case concerns the December 2020 abduction, sexual assault and smothering of a five-year-old in Jhajjar, for which the trial court in December 2021 had convicted the accused under IPC 302, 376-AB, 377 and POCSO Section 6.