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Supreme Court of India 2023-09-21 allowed

Rajesh & Anr vs The State of Madhya Pradesh

Bench: 3 — B.R. Gavai, J.B. Pardiwala, Sanjay Kumar

In Brief

In 2013, a 15-year-old boy was kidnapped and murdered. Three neighbours—Om Prakash Yadav and his relatives—were convicted of the crime by both the Trial Court and High Court, with two receiving death sentences. However, the Supreme Court found fatal procedural defects: the accused confessed and made recoveries before being formally arrested or named in the FIR, violating requirements of Section 27 of the Indian Evidence Act. Panchnamas were improperly recorded by police without witness narratives. DNA evidence's source was suspect due to defective investigation. Critical leads (like the SIM card holder) were not investigated. The Court held that the chain of circumstantial evidence contained yawning gaps and did not exclude reasonable doubt. The appeals were allowed and all convictions set aside.

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Criminal Procedure Evidence Law Confessions Police Custody Circumstantial Evidence Murder Kidnapping for Ransom Capital Punishment Panchnama Police Investigation DNA Evidence Proof Beyond Reasonable Doubt

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