In a recent judgement, Gujarat High Court set aside the death penalty awarded to a teenage girl, who was alleged to have killed her mother and sister and sent the case back for a fresh trial after the sanity of the accused was ascertained as the accused was a patient of Schizophrenia. Later on, the girl was convicted for murder by the sessions court and was sentenced to five years rigorous imprisonment for attempt to murder.
The High Court was of opinion that the girl had indeed behaved in a very abnormal manner and that for the past two years she was undergoing treatment for her mental condition which was quite unstable, which neither the public prosecutor nor the investigating officer brought this information to the attention of the trial court. The court said that the girl could not have managed to get herself a seasoned and well-experienced trial side lawyer, and the legal aid provided by District Legal Services Authority was nothing by a Farce and had called for senior and experienced lawyers to get engaged in providing legal aid.
As the court observed that the lawyer was not sufficiently experienced regarding the conduct of the cases involving point of insanity of the accused and said that the preparation of the panel of lawyers for the purpose of legal aid is not a platform to provide training to young lawyers or give them an opportunity to gain experience as regards to conduct of a session case. The cross-examination of witnesses in serious offences like murder is not a child’s play.
Tags : #Gujarat #HC #CrossExamination #ChildsPlay #Young #Lawyers #Platform #Experience