2025 Supreme(SC) 1063
SUPREME COURT OF INDIA
VIKRAM NATH, SANJAY KAROL, SANDEEP MEHTA, JJ.
Kattavellai @ Devakar – Appellant
Versus
State Of Tamilnadu – Respondent
Criminal Appeal No. 1672 of 2019
Decided on : 15-07-2025
Advocates appeared:
For the Appellant(s) : Ms. V. Mohana, Sr. Adv. Ms. Manasa Ramakrishna, Adv. Ms. Shreya Rastogi, Adv. Ms. Sreepriya K, Adv. Mr. A. Karthik, AOR
For the Respondent(s): Mr. V Krishnamurthy, Sr. Adv. Mr. Sabarish Subramanian, AOR Mr. Vishnu Unnikrishnan, Adv. Ms. Azka Sheikh Kalia, Adv. Ms. Jahnavi Taneja, Adv. Mr. Veshal Tyagi, Adv. Mr. Danish Saifi, Adv.
The absence of conclusive circumstantial evidence and significant procedural lapses in investigation undermined the prosecution's case, warranting acquittal.
Headnote:(A) Indian Penal Code, 1860 - Sections 302, 376, and 397; Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 - Section (3)(2)(v) - Death penalty awarded for murder and rape - The conviction was based on circumstantial evidence including last seen theory, confession by accused, and DNA evidence. However, discrepancies regarding witness reliability, investigation procedures, and the handling of evidence were significant. The Court stated: 'None of the circumstances posited by the prosecution are found to be conclusively proved against the Appellant-convict' - Appeals allowed. (Paras 45, 46)
Judgement Key Points
Based on the provided legal document, the following key points can be summarized:
-
The case involves an appeal against a conviction for murder and sexual offences, where the original trial court sentenced the accused to death. However, the appellate court found significant deficiencies in the evidence and investigation procedures.
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The evidence relied upon by the prosecution was circumstantial, including last seen theory, confession, recovery of material objects, DNA evidence, and motive. The appellate court scrutinized each of these circumstances and found them to be weak, unsubstantiated, or improperly handled.
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Witness testimonies, particularly that of the star witness, PW-5, were critically examined. It was noted that his conduct and the timing of his statements raised doubts about his credibility. The court highlighted inconsistencies and gaps in the investigation, including delays in conducting identification procedures and mishandling of forensic evidence.
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The investigation was marked by procedural lapses, such as delays in sending DNA samples to forensic labs, lack of proper chain of custody, and inadequate preservation of evidence. These lapses compromised the reliability of forensic evidence, especially DNA analysis, which was ultimately deemed inadmissible.
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The non-examination of material witnesses, such as Bhagyalakshmi, who could have provided crucial testimony, was viewed as a significant omission that weakened the prosecution’s case and allowed for adverse inferences.
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The court emphasized the importance of following proper procedures in collecting, storing, and analyzing scientific evidence like DNA. It issued directions to improve forensic procedures and establish a robust chain of custody to prevent future miscarriages of justice.
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The court concluded that the circumstantial evidence did not conclusively prove the guilt of the accused beyond reasonable doubt. As a result, the conviction was vacated, and the accused was to be released forthwith.
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The judgment also touched upon broader issues such as the need for speedy trials, the potential for wrongful prosecution, and the importance of safeguarding constitutional rights, including the right to life and liberty under Article 21.
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The decision underscores that evidence must be handled with utmost care, and procedural lapses or lapses in forensic evidence handling can significantly impact the outcome of criminal trials, especially in cases relying heavily on scientific evidence.
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The appellate court directed the authorities to take necessary steps to ensure proper investigation procedures and forensic evidence management in future cases to prevent similar issues.
These points collectively highlight the importance of procedural integrity, credible evidence, and thorough investigation in criminal trials, particularly when capital punishment is involved.
Legal Category Hierarchy
-
crime and sentencing
-
offences against the person
-
murder
(Para 3, 4, 5, 6, 10, 11, 12, 13, 14, 15, 16, 17, 18, 22, 23, 24, 25, 26, 27, 28, 36, 37, 45)
-
rape
(Para 3, 4, 5, 6, 10, 11, 12, 28, 29, 30, 31, 32, 33, 34, 35, 45)
-
robbery with violence
(Para 3, 4, 5, 6, 36, 37, 45)
-
circumstantial evidence
-
last seen theory
(Para 15, 16, 17, 18)
-
chain of evidence
(Para 10, 11, 45)
-
adverse inference
(Para 38, 39, 41)
-
conviction and acquittal
(Para 4, 5, 6, 45, 46)
-
practice and procedure
-
criminal investigation
-
faulty investigation
(Para 40, 41, 42)
-
test identification parade
(Para 38, 39)
-
arrest and confession
(Para 19, 20, 21, 22, 23, 24)
-
evidence collection and chain of custody
-
dna evidence procedures
(Para 28, 29, 30, 31, 32, 33, 34, 35, 43, 44)
-
recovery of material objects
(Para 25, 26, 27, 28)
-
constitutional law
-
right to life and personal liberty
(Para 46)
-
compensation for wrongful prosecution
(Para 46)
Table of Contents
1. Can a conviction based on circumstantial evidence be sustained when the last-seen theory relies on a witness whose testimony contains material inconsistencies and unexplained gaps?
No. The last-seen theory is a weak basis for conviction and cannot be the sole foundation. The witness PW-5's testimony was found full of holes, stretches, and surmises, and his unexplained silence from the date of occurrence to the date he reported to police rendered his account unreliable. (Para
15
,
16
,
17
,
18
)
2. Is DNA evidence admissible when there are significant gaps in the chain of custody, unexplained delays in sending samples for forensic analysis, and uncertain handling by multiple custodians?
No. DNA evidence must be collected, sealed, stored, and transported in accordance with established procedures. Unexplained delays, breaks in the chain of custody, and uncertainty about who handled the samples create a real possibility of contamination and tampering, rendering the evidence unusable. (Para
29
,
30
,
31
,
32
,
33
,
34
,
35
)
3. Can an extra-judicial confession made to a police officer, accompanied by recovery of objects, form the basis of conviction when the confession is surrounded by suspicious circumstances and the recovered objects are not independently verified?
No. Extra-judicial confessions are weak evidence and require independent corroboration. When the confession is surrounded by suspicious circumstances, the recovery of objects is not verified or tested, and the objects cannot be linked to the crime, the confession and recovery cannot sustain a conviction. (Para
22
,
23
,
24
,
25
,
26
,
27
,
28
)
4. Does the non-examination of a material witness and the failure to explore alternative suspects justify drawing an adverse inference against the prosecution in a circumstantial evidence case?
Yes. Where a material witness who could unfold essential parts of the prosecution case is available but not examined, and alternative suspects identified by the victim's family were not investigated, the prosecution case suffers from a deficiency that warrants an adverse inference. (Para
40
,
41
,
42
)
5. Is a Test Identification Parade valid when the witness has already seen the accused in police custody and has been informed of the accused's involvement before the identification proceedings?
No. If the witness had the opportunity to see the accused in any form after the incident but before the TIP, the identification becomes ineffective. The TIP must be conducted while keeping the accused 'baparda' from the witness, and prior exposure to the accused's photograph or person invalidates the process. (Para
38
,
39
)
JUDGMENT :
SANJAY KAROL, J.
For convenience and ease of reference, this judgment is divided into the following parts:
| INDEX |
| THE CHALLENGE |
| FACTUAL PRISM |
| TRIAL COURT JUDGMENT |
| THE IMPUGNED JUDGMENT |
| RIVAL CONTENTIONS |
| | (a) Appellant |
| | (b) Respondent |
| ANALYSIS AND FINDINGS |
| | Bird’s Eye View of the Testimonies |
| | Circumstance One: The arrival of D1 &D2 at the scene of the crime |
| | Circumstance Two: Last Seen Theory |
| | Circumstance Three: Arrest, Confession and Recovery |
| | Arrest |
| | Confession |
| | Recovery |
| | Circumstance Four: The Incident of Rape and DNA Evidence |
| | Circumstance Five: Motive |
| | Circumstance Six: Test Identification Parade |
| | Two Additional Points |
| | One: Other Suspects Remained Unexplored |
| | Two: Non-examination of Bhagyalakshmi |
| FAULTY INVESTIGATION |
| CONCLUSION |
| “A criminal trial is not like a fairy tale wherein one is free to give flight to one's imagination and phantasy. It concerns itself with the question as to whether the accused arraigned at the trial is guilty of the crime with which he is charged. Crime is an event in real life and is the product of interplay of different human emotions. In arriving at the conclusion about the guilt of the accused charged with the commission of a crime, the court has to judge the evidence by the yardstick of probabilities, its intrinsic worth and the animus of witnesses. Every case in the final analysis would have to depend upon its own facts. Although the benefit of every reasonable doubt should be given to the accused, the courts should not at the same time reject evidence which is ex facie trustworthy on grounds which are fanciful or in the nature of conjectures.” H.R Khanna J., in State of Punjab v. Jagir Singh, (1974) 3 SCC 277 |
1. A visit to the forest, while a narrow escape for two persons, turned fatal for another two. The genesis allegedly was greed, with the accused person wanting to take away jewellery to put to his use, but the end result was far worse. Two people who were in the prime of their youth were hastily and brutally made to meet their maker, well before they should have. This Court is now tasked with examining the correctness of guilt of the person (the appellant) who, according to the State, was responsible for this barbarity.
THE CHALLENGE
2. The present Appeal arises from the judgment and order dated 13th March 2019, in Referred Trial [MD] No.1 of 2018 passed by the High Court of Judicature at Madras, Madurai Bench, which, in turn, was preferred against the judgment dated 07th March 2018 in Special Sessions Case No.9 of 2013 passed by the Principal District and Sessions Judge, Theni, whereby the conviction of the Appellant under Section 302 , 376 and 397 of the INDIAN PENAL CODE , 18602[Hereinafter referred to as “IPC”], came to be affirmed. The Trial Court imposed the death penalty on the Appellant-convict, which also came to be affirmed by the High Court.
FACTUAL PRISM
3. The incident in question, relates to the unfortunate death of two young people. The prosecution case as emerging from the record, as also set out by the Courts below, is as follows:
3.1 On 14th May 2011, a young man named Ezhil Muthalvan3[Hereinafter D1], left his house on his father’s motorbike under the pretext of playing cricket. Similarly, the second victim4[Hereinafter D2] left home that morning telling her parents that she was going to college. Unbeknownst to either set of parents, the two victims went to Suruli Falls, which was apparently a popular meeting point for friends and lovers.
3.2 Already there, was another couple, one Rajkumar (PW-5) and Bhagyalakshmi5[Numerous spellings have been used throughout the record for this name. For the purpose of this judgment, we use ‘Bhagyalakshmi’] (not examined), eating food. The two victims were also seated a short distance away, approximately 60 meters from them. It is alleged that the appellant-
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