Case Analysis: Chotkau V State Of Uttar Pradesh

S Nivedha, Sastra Deemed University

ABSTRACT

‘Justice delayed is denied’ but can it be delivered at the cost of a life without any proper evidence in cases of heinous offences? According to the doctrine of Rarest of Rare established in Bacchan Singh v State of Punjab, the death penalty can be given only in the rarest of rare cases. the criteria for ‘rarest of the rare’ is narrowed in the case of Macchi Singh v State of Punjab1. Crimes such as rape or gang rape and murder are heinous and deeply impact society’s trust. In such cases, people want justice for the victim in the hardest way for the accused which is either life imprisonment or a death sentence. Section 302 of the Indian Penal Code states the punishment for murder and it recognizes death or life imprisonment and imposition of a fine. Section 376 of the IPC states the punishment for rape which is not less than 7 years and can be up to life. In many of these cases, without proper evidence, an innocent can be framed guilty which will cost him his life and a great injustice to the victim as well. When an offence is heinous the material evidence should be highly scrutinized for the courts to deliver justice. Can an accused without sufficient evidence be acquitted of a heinous offence for which he’s sentenced to death? The case analyzed below ‘CHOTKAU V STATE OF UTTAR PRADESH’ is a case where the accused was acquitted by the Hon’ble Supreme Court highlighting “Court cannot make someone, a victim of injustice, to compensate for the injustice to the victim of a crime” due to the lack of material evidence and medical evidence and poor investigation on part of the prosecution which was insufficient to show beyond reasonable doubt to prove the guilt.