Noting that a trial court judge referred to the Sanskrit shlokas and the ghazals of the late Jagjit Singh while sentencing a person convicted under the POCSO Act, the Patna High Court held that the trial judge was “sent to the judicial academy, Special training is required. “
The High Court set aside the sentence, saying that no crime has been disclosed in the evidence revealed in the trial.
A single bench of Justice Birendra Kumar held that a trial judge should have the power to award capital punishment while exercising “the most important responsibility to decide on the life and liberty of the person” and proper knowledge of legal principles and enthusiasm.
“Lack of knowledge of legal concepts leads to miscarriage of justice and unnecessary harassment in favour of lawsuit. Prejudice and Bias, presumption and surmises and personal consideration contrary to the material on record, has no place in a court of law.” Observed the court.
