It asked the trial court to reconsider the evidence and decide whether to hold a retrial or proceed anew from framing of charges stage
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"Generally, these offences attract life imprisonment or 10 years in jail, and death is awarded only in the "rarest of rare cases", he argued. "On September 26, 2016, two days before the sentence was passed, the prosecution invoked Section 376(2) of IPC (rape of a victim under 12 years of age) and provisions of the POCSO Act, making it a case fit for death penalty," the lawyer said. "The court should not have permitted amendment of charges two days before the verdict," he added.
No legal aid
He also argued that Lote did not get proper legal assistance from his lawyers. The HC has refused to acquit Lote, and said instead the trial court must consider him an under-trial and re-examine proceedings.
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