Passang Tashi @ Shanu, S/o Late Nima Tsering vs State of Arunachal Pradesh

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2025 Supreme(Gau) 1556

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) ITANAGAR PERMANENT BENCH
ROBIN PHUKAN, N. UNNI KRISHNAN NAIR, JJ.
Passang Tashi @ Shanu, S/o Late Nima Tsering – Appellant
Versus
The State of Arunachal Pradesh – Respondent
Criminal Appeal No. 15(AP)/2024
Decided on : 15-09-2025

Important Points

DNA evidence, while significant, cannot be the sole basis for conviction if clouded with doubts about collection and integrity; circumstantial evidence must be complete and exclude reasonable doubts.

Subject

Criminal Law - Appeals and Convictions

Act Referred

CRIMINAL PROCEDURE CODE: S.164(a), S.313, S.374(2), S.53(a)
INDIAN PENAL CODE: S.300, S.302, S.376
EVIDENCE ACT: S.137

Headnote

(A) Code of Criminal Procedure, 1973 - Section 374(2) - Indian Penal Code, 1860 - Sections 376 and 302 - Conviction and sentence of imprisonment for life under Section 302 IPC and ten years under Section 376 IPC - Conviction was based primarily on DNA evidence linking the appellant to the victim while raised concerns regarding the collection and preservation of the samples - The case heavily relied on circumstantial evidence, which was found insufficient to establish guilt beyond reasonable doubt. (Paras 50-60)

(B) While DNA evidence can strongly support a conviction, it cannot solely establish guilt, particularly when there are serious doubts regarding the quality and integrity of evidence. (Paras 50.2 and 51.3)

(C) Circumstantial evidence must be so complete that it excludes every reasonable hypothesis except that of the guilt of the accused and suspicion cannot replace legal proof. (Paras 52-54)

(D) Appeals allowed; conviction set aside.

Advocates Appeared:
For the Appellant :Tapak Dai, Tshering Yangzom Bhutia, J. Tsering, T. Tayeng, Advocates.
For the Respondents: Jumgam Jini, Legal Aid Counsel, T. Jini, Addl. P.P. of AP

Table of Content
1. factual background of the case (Para 2 , 3)
2. grounds for appealing the conviction (Para 4 , 5)
3. prosecution's arguments supporting conviction (Para 6)
4. evidence gathering and witness examination (Para 7)
5. prosecution evidence overview (Para 8 , 9)
6. investigation particulars and preliminary findings (Para 10 , 11 , 12)
7. witness testimonies and their implications (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23)
8. defenses from the accused and supporting arguments (Para 24 , 25 , 26 , 27 , 30)
9. analysis of forensic and dna evidence (Para 35 , 36 , 41)
10. court's reasoning and judgment on evidence (Para 44 , 47 , 51 , 53 , 54)
11. final ruling and orders of the court (Para 60 , 61 , 62 , 63)

JUDGMENT :

Robin Phukan, J.

Heard Mr. J. Tsering, learned counsel for the appellant and also heard Ms. T. Jini, learned Additional Public Prosecutor, Arunachal Pradesh, appearing for the State respondent and Jumgam Jini, learned Legal Aid Counsel for the respondent No.2.

2. This appeal, under Section 374(2) of the Code of Criminal Procedure, is directed against the judgment, dated 10.01.2024, and order of conviction, dated 24.01.2024, under Section 376 and 302 IPC, dated 24.01.2024 in Sessions Case No.8/2013, whereby the learned Sessions Judge, Bomdila, West Kameng District (trial court hereinafter), convicted the appellant, namely, Passang Tashi @ Shanu and sentenced him to suffer 10 years of rigorous imprisonment for the offence under Section 376 IPC, and also sentenced him to pay a fine of Rs.10,000/- with default stipulation and further, sentenced him to suffer imprisonment for life and also to pay a fine of Rs.20,000/- for the offence under Section 302 IPC with default stipulation.

The Factual Matrix:-

3. The background facts, leading to filing of the present appeal, are briefly stated as under:-

“Shri Nawang Ngurup, the informant of Jang P.S. Case No.07/2012, is a resident of village- Zungbatse, under Jang P.S. of Tawang District, on 28.08.2012, in the evening, found his daughter, Smt. X (name withheld), aged 15 years, missing. He then reported the news of missing of his daughter to his relatives and villagers, and he also conducted search during the whole night of 28.08.2012, in and around all the probable places of his village, and in the nearby village, but he failed to trace her out.

Then in the morning of 29.08.2012, the dead body of his daughter was found nearby the jungle of Shyaro village, near Ngopseng Pho, in between Shyaro and Zungma village, under Lhou Circle, with blood stains, injury marks on her person. He suspected that some miscreants have tortured and killed her. Thereafter, Nawang Ngurup had lodged one FIR with the Officer-in-Charge, Jang Police Station, on 29.08.2012, upon which Jang P.S. Case No.07/2012, under Section 302 IPC was registered and the Officer-in-Charge himself had taken up the investigation.

During the course of investigation, the Investigating Officer (IO) had visited the place of occurrence, examined the witnesses and held inquest on the dead body of the deceased and also sent the same for post-mortem examination. Thereafter, he caused arrest of suspects, namely, Raju Lama, Gor Bahadur Sonar @ Ratan, Dil Bahadur Tamang @ Poppu, Sri Suresh Gurung, Sri Tenzin, Sri Kalu Tamang, Passang Tashi, Miss Jashi Yangchin and Sagar Sonar @ Kaddu and forwarded them to judicial custody. He then collected the P.M. report of the victim. He had also collected blood sample of all the suspects, and forwarded the same to the FSL, along with vaginal swab of the victim, collected during her the post mortem examination, and thereafter, he has collected the report. Then on completion of investigation, he laid charge-sheet against the accused Passang Tashi, Gor Bahadur Sonar, Raju Lama, Dil Bahadur Tamang, Suresh Gurung, Tenzin, Kalu Tamang and Sri Sagar Sonar to stand trial in the Court, under Section 376 /302/34 IPC, before the Court of learned District & Sessions Judge, Yupia. Thereafter, t