Convict seeks retrial as he did not get a lawyer of his choice; high court declines.
Rejecting the plea of inadequate defence owing to a poor legal aid counsel, a Nagpur bench of the Bombay high court last month stated no sympathy could be granted to an accused who raped a child.
The convict, Ganpat Nadekar, 60, wanted the 2007 case sent back to the trial court on grounds that he didn’t have “effective opportunity to be defended by an advocate of his own choice”. The Nagpur trial court in 2008 convicted Nadekar on charges of rape and kidnapping and sentenced him to 10 years in jail.
Nadekar, however, alleged that the legal aid counsel appointed by the court did not have time to go through the charge sheet and cross-examine witnesses effectively.
Considering the efforts made by the trial court judge to get Nadekar a lawyer, Justice AP Bhangale, in his judgment dated January 8 stated that there was “no adequate and sufficient or special reason warranting sympathy” to Nadekar.
Nadekar had raped a minor girl, studying in the Std VI, after luring her with money on May 5, 2007 in the jurisdiction of Jalalkheda police station, Nagpur district. The medical evidence also supported the prosecution.
As per the trial court records, at the time of framing of charges, Nadekar was offered legal aid. However, Nadekar refused it on grounds that he wanted to engage a private lawyer.
Justice Bhangale considered the records which indicated that Nadekar didn’t hire a lawyer despite being given ‘ample’ time to do so. Eventually, Nadekar accepted the legal aid counsel appointed by the court.
“It is not a case where the appellant had requested the trial court to be represented by a particular private lawyer of his choice and that such a prayer was rejected. Hence, there is no question of infringement of his fundamental right,” stated the judgment.
The judge also noted that courts are expected to deal with cases of sexual crime very sensitively and they need to be “dealt with sternly and severely”.
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