Section 498A IPC | Asking Daughter-In-Law To Do Household Chores Like Washing Clothes & Utensils Does Not Amount To 'Cruelty': Bombay High Court Section 306 IPC | Instigation Can Be Inferred From Continued Harassment, Absence Of Suicide Note No Ground For Discharge: Madhya Pradesh High Court Section 20 Prevention Of Corruption Act | Statutory Presumption Cannot Be Triggered Without Proof Of Demand; Mere Recovery Insufficient: Himachal Pradesh High Court Gift Of Temple Inam Land Void Ab Initio, Incapable Of Government Sanction Or Valid Registration: Supreme Court Section 483 BNSS | Pursuing Parallel Remedies & Suppressing Rejection Of Interim Relief Amounts To Abuse Of Process; Uberrima Fides Essential For Bail: Supreme Court Suit For Possession Simpliciter Not Maintainable When Registered Sale Deed Casts Serious Cloud On Title; Declaration Or Cancellation Mandatory: Supreme Court Representation Of People Act | Private Complaint By Voter Maintainable For False Nomination Affidavit, Section 195 CrPC Bar Inapplicable: Supreme Court Gravity Of Allegations Cannot Eclipse Other Bail Considerations Or Justify Indefinite Pre-Trial Detention: Supreme Court Contract Act | Agreement To Sell Not Enforceable Contract Prior To Conveyance Deed; State Can Re-Auction For Price Maximisation: Supreme Court Failure To Consider Incident Video Footage & Section 161 CrPC Witness Statements Vitiates Grant Of Bail: Supreme Court Section 125 CrPC | Adverse Finding Of Adultery Cannot Be Recorded Against Specifically Named Co-Adulterer Without Giving Opportunity Of Hearing: Allahabad High Court Order 6 Rule 17 CPC | Amendment Of Pleadings To Correct Typographical Errors Should Be Allowed To Ensure True Facts Are Before Court: Andhra Pradesh High Court Major Penalty Of Removal From Service Cannot Be Imposed Without Departmental Inquiry: Bombay High Court Quashes Order Under General Insurance Rules Section 482 CrPC | High Court Cannot Quash FIR When Allegations Of Forgery And Fraud Raise Disputed Questions Of Fact: Delhi High Court Criminal Proceedings Cannot Be Quashed In Entirety Merely Because Section 498A IPC Is Not Sustainable Due To Invalid Marriage: Calcutta High Court Section 138 NI Act | Arraigning Company As Accused Imperative To Prosecute Managing Director Or Signatory: Himachal Pradesh High Court Section 14(6) DRC Act | 5-Year Bar On Eviction Inapplicable When Co-Owners Acquire Premises Inter Se Family Through Gift Deed: Delhi High Court Territorial Jurisdiction In Missing Person Cases | Court Can Direct CBI Probe If Journey Commenced Within Its Jurisdiction: Kerala High Court Future Prospects Must Be Added In Permanent Disability Cases Even If Functional Disability Is Assessed Liberally: Punjab & Haryana High Court Registration Act | Registering Authority Lacks Power To Refuse Registration On Grounds Of Unapproved Layout Or Lack Of Title: Telangana High Court

Supreme Court Quashes Conviction and Sentences in Heinous Rape and Murder Case Due to Investigation Lapses

07 May 2024 2:49 AM

By: Admin


In a significant ruling, the Supreme Court of India has quashed the conviction and sentences imposed on the appellant in a high-profile rape and murder case involving a six-year-old child. The apex court cited multiple irregularities, contradictions, and gaps in the prosecution's case and investigation, leading to the failure of establishing guilt beyond reasonable doubt. The judgment was delivered by a three-judge bench comprising Justices B.R. Gavai, Vikram Nath, and Sanjay Karol.

The case revolved around the horrific rape and murder of a young girl, which sent shockwaves across the nation. While acknowledging the heinous nature of the crime and the immense pain and suffering endured by the victim and her family, the court emphasized the necessity of ensuring a fair and thorough investigation in such cases. The court observed that the prosecution had failed to undergo the necessary lengths and efforts to prove the guilt of the appellant beyond reasonable doubt.

During the course of the proceedings, the court pointed out various irregularities in the investigation, including the changing of investigating officers, non-compliance with legal provisions, delays in sample analysis, lack of proper documentation, and unanswered questions. Notably, the court highlighted the non-compliance with Section 53A of the Criminal Procedure Code, which governs the collection and preservation of samples for DNA analysis. The unexplained delays in sending the samples for analysis and the compromised integrity of the evidence raised serious doubts about its reliability.

The court emphasized that while DNA evidence can be a valuable tool in criminal investigations, it is not infallible. Citing previous judgments, the court highlighted the need for caution in relying solely on DNA evidence and the importance of considering other corroborative evidence in each case. In this particular instance, the court found that the circumstances forming the chain of commission of the crime did not conclusively point to the appellant's guilt.

The judgment also highlighted the role and responsibilities of investigating authorities in ensuring the protection of citizens and conducting fair and proper investigations. The court expressed concern over the numerous lapses in the investigation of this dastardly crime, which compromised the quest for justice and left the actual perpetrator unpunished.

In conclusion, the Supreme Court allowed the appeals and quashed the judgment of the lower courts. The conviction and sentences imposed on the appellant under Sections 302 (murder), 376 (rape), 377 (unnatural offenses), and 201 (causing disappearance of evidence) of the Indian Penal Code were set aside.

DATE OF DECISION: 19th May, 2023

Prakash Nishad @ Kewat Zinak Nishad   vs State of Maharashtra     

Latest Legal News