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Supreme Court of India 2023-05-19 allowed

Prakash Nishad @ Kewat Zinak Nishad vs State of Maharashtra

Bench: 3 — B.R. Gavai, Vikram Nath, Sanjay Karol

In Brief

A six-year-old girl was sexually assaulted and murdered in 2010. The trial court convicted the appellant of rape, sodomy, murder and destruction of evidence, imposing death penalty. The High Court affirmed the conviction. The Supreme Court allowed the appeal and acquitted the appellant. Although the victim's death and sexual assault were undisputed facts, the Court found the circumstantial evidence insufficient and concluding to the appellant's guilt. Critical lapses in investigation—including non-compliance with Section 53A CrPC (medical examination), failure to record the appellant's statement in his vernacular language, unexplained delays in sending forensic samples, contradictions in witness testimonies, and incomplete chain of custody—undermined the reliability of DNA evidence. The Court held that DNA evidence alone cannot support conviction, particularly a death sentence, when investigative procedures are compromised and circumstantial chain is broken.

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Criminal Procedure Circumstantial Evidence DNA Evidence Forensic Science Sexual Assault Murder Destruction of Evidence Evidence Act Rights of the Accused Language and Legal Proceedings Investigation Procedure

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