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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:

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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.


Table of Content
1. judgment structure outlined. (Para 1 , 2)
2. factual background of the case. (Para 3 , 4)
3. arguments and contentions presented by both parties. (Para 5)
4. court's analysis of witness testimonies. (Para 6 , 9)
5. arguments of the parties regarding credibility. (Para 7 , 8)
6. examination of circumstantial evidence. (Para 10 , 11 , 12 , 14 , 15 , 18)
7. discussion on dna evidence and motive. (Para 22 , 25 , 28 , 36)
8. concerns about investigation quality. (Para 38 , 40 , 41 , 42)
9. conclusions on acquittal and compensation directives. (Para 43 , 46)

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

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