"I find that in the present case, appellant (Raj Kumar Chauhan) has been denied the right of fair trial due to non-provision of legal assistance as mandated by section 304 CrPC. Hence, the appeal is allowed. Impugned judgment of March 28, 2012 and sentence order of March 29, 2012 are accordingly set aside," Additional Sessions Judge (ASJ) Vikas Dhull said.
"The matter is remanded back to the trial court for a de novo trial and the trial court is directed to proceed with the trial of Chauhan from the stage of cross examination of the prosecution witnesses," ASJ Dhull added.
The sessions court also asked the magisterial court to provide legal aide to Chauhan during his fresh trial.
45-year-old Chauhan was arrested by the police on July 23, 2005 after the school bus he was driving ran over motor cyclist Naresh in West Delhi and the victim had died on spot.
Chauhan had approached the sessions court against his conviction and sentencing, contending that he was not provided the legal aid by the trial court due to which he was unable to cross examine the prosecution witnesses (PWs).
Chauhan had told the court that during cross-examination of the PWs, he was not in a financial position to have services of any advocate. (More)