Allahabad High Court expresses regret over 42-year delay in deciding appeal in rape and murder case

The Allahabad High Court recently ordered a 74-year-old man to surrender before the authorities to serve his remaining sentence in a rape and murder case, more than 42 years after he was convicted along with four others [Veer Singh and Others v. State of UP]..The case dates back to April 1979, when the accused entered a house in Lalitpur’s Batwaha village, looted valuables and fled from the spot. There, they also raped two women - one of whom died later - and murdered another woman.On April 23, 1983, the five men were found guilty of rape and murder. They were sentenced to life imprisonment. However, they were all released on bail on May 2, 1983, during the pendency of their appeals. Meanwhile, four of the accused died and their appeals were declared abated..Dealing with the pending appeals, the bench of Justices Saumitra Dayal Singh and Dr. Gautam Chowdhary at the outset expressed regret over the delay in deciding the case.“The Court records its regret to the parties in particular and to the society in general that it has taken 42 years for this appeal to be heard. Justice has not been met to the parties, over a very long period of five decades. Four accused/appellants namely - Veer Singh, Gangadhar, Dharmlal and Bandhu have died without justice being met to them. The victims have also been waiting for their turn.”.The bench added that in such cases, courts ideally are required to hand out justice in real time. It noted that the trial court on its part had delivered judgment within four years and the responsibility had then shifted to the High Court. “The regret of that unfulfilled task remains. However, for whatever it may now mean to the parties in issue, in particular and to the society in general, justice has to be done, even though it is delayed.".On merits, the Court said that nothing can be more heinous and barbaric than what was witnessed in the case. It found sufficient evidence to confirm that Babu Lal, the lone surviving convict, had raped a woman and physically assaulted her. His conviction under Section 396 (dacoity with murder) of the Indian Penal Code (IPC) was also confirmed. “Keeping in mind that heinous nature of offence committed has been duly proven at the trial, the accused appellant deserves of no mercy or leniency on the question of sentencing. Unfortunate as it is, he has remained confined barely for four years after which he was enlarged on bail during pendency of this appeal. The sentence of life imprisonment awarded by the learned court below, is thus confirmed,” it ordered.The Court ordered Lal to surrender forthwith. Failing that, the Court said the Chief Judicial Magistrate, Lalitpur will get him arrested to serve out the remaining sentences..Advocate Satya Prakash was amicus curiae in the case. Advocate LD Rajbhar represented the State.