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Supreme Court of India 2022-09-28 allowed

CHOTKAU vs STATE OF UTTAR PRADESH

Bench: 3 — S. Abdul Nazeer, A.S. Bopanna, V. Ramasubramanian

In Brief

A man was convicted of raping and murdering his 6-year-old niece on circumstantial evidence and sentenced to death. The Supreme Court allowed his appeal, finding fatal flaws in the prosecution case. Key prosecution witnesses gave contradictory accounts on critical matters—how the FIR was filed, where the body was found and taken, when the inquest occurred, and the victim's clothing. The FIR was delayed five days before reaching the magistrate. The accused was never medically examined, and forensic analysis of potential evidence was not obtained. The Court held that these serious contradictions in ocular evidence, combined with investigative failures and procedural breaches, meant the prosecution failed to prove guilt beyond reasonable doubt. The Court emphasized that courts cannot convict an innocent person merely to compensate victims; the burden of proof remained with the prosecution throughout.

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Criminal Procedure Rape Murder Circumstantial Evidence Medical Evidence Forensic Sciences Witness Credibility Cross-examination Section 313 FIR Registration Death Penalty Burden of Proof

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