Try rape accused for murder too, says Delhi HC

Censures trial court for ‘failure of justice’

October 22, 2017 09:56 pm | Updated 09:56 pm IST - New Delhi

A man who allegedly raped a woman and inserted wooden sticks into her private parts leading to her death will also be tried for murder, the Delhi High Court has said, setting aside a trial court order.

The High Court expressed its displeasure with the sessions court’s “whimsical, illegal and perverse” decision to not frame murder charges against the accused, saying that it “speaks of non-application of judicial approach”.

‘Grave error’

Justice Vinod Goel said that the sessions judge committed a “grave error” which led to “failure of justice”, and set aside the lower court’s August 29, 2016 order denying the prosecution’s request for framing of additional charge of murder against the accused under IPC Section 302, which entails a maximum punishment of death.

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