Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(MP) 10039

HIGH COURT OF MADHYA PRADESH
Vivek Agarwal, J
Kishan Chinnu Machchiya – Appellant
Versus
State Of Madhya Pradesh – Respondent
CRRFC No.6 of 2024|CRA No.12363 of 2024

Advocates:
For the Appellants/Petitioners: Kriti Jain, Renu Tiwari
For the Respondents: Ajay Tamrakar

Failure of the prosecution to subject critical forensic evidence to DNA profiling constitutes a major procedural lapse, entitling the accused to the benefit of doubt on charges reliant on that evidence. Life imprisonment is preferred over the death penalty for young, first-time offenders capable of reformation.

Headnote:(A) Indian Penal Code, 1860 - Sections 302, 376AB, 377, 201 and 450 - Protection of Children from Sexual Offences Act, 2012 - Sections 5 and 6 - Death penalty - Modification of sentence - Chain of circumstances - Prosecution lapses in DNA testing - Appellant convicted for murder, destruction of evidence and house trespass, but acquitted of sexual offences due to failure to conduct DNA profiling on critical forensic evidence - Given the age of the offender and lack of criminal history, the death sentence for the offence of murder is commuted to life imprisonment. (Paras 19, 20, 22, 25 and 26)

(B) Criminal Jurisprudence - Duty of prosecution - Obligation to subject seized articles to DNA Fingerprinting - Failure of prosecution to test personal belongings on which human sperm was detected constitutes a major lapse, creating a benefit of doubt in favour of the accused regarding specific charges linked to those articles. (Paras 4, 5, 18 and 19)

Facts of the case:
The appellant was convicted for murder, aggravated sexual assault, unnatural sexual offences, destruction of evidence, and house-trespass. The trial court awarded a death sentence. The defence challenged the conviction, arguing that the chain of circumstances was incomplete and highlighting substantial lapses by the prosecution, specifically the failure to conduct DNA testing on several important forensic articles despite laboratory reports indicating the presence of human sperm.

Findings of Court:
The court upheld the conviction for murder, destruction of evidence, and house-trespass based on DNA evidence linking the accused's nail clippings to the victim's throat skin. However, it found a significant procedural failure in the prosecution's refusal to perform DNA testing on several collected articles. This lapse created a reasonable doubt regarding the sexual offence charges. Consequently, the conviction under sexual offence provisions was set aside.

Issues: Whether the conviction for sexual offences can be sustained when the prosecution fails to subject key forensic articles containing biological evidence to DNA testing, and whether the sentence of death is proportional considering the age of the appellant and the surrounding circumstances.

Ratio Decidendi: The court held that while the conviction for murder remained solid due to sufficient independent DNA evidence, the prosecution’s failure to test crucial articles prejudiced the case regarding sexual charges, entitling the appellant to the benefit of doubt. Furthermore, the court determined that a young offender, without a criminal history, should be granted the possibility of reformation, making the death penalty inappropriate.

Result: Appeal allowed in part; death sentence commuted to life imprisonment; conviction for sexual offences set aside.

Table of Content
1. establishing the factual background and nature of the crime. (Para 1 , 9 , 10 , 11 , 12 , 13)
2. parties' contentions regarding the prosecution's failure in evidence collection. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8)
3. failure to prove specific charges (sexual offenses) due to forensic lapses. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21)
4. commutation of death sentence considering reformative prospects and precedents. (Para 22 , 23 , 24 , 25)
5. final order modifying conviction and sentence. (Para 26 , 27 , 28)

J U D G M E N T

Per: Justice Vivek Agarwal

This criminal reference and the criminal appeal originate from the impugned judgment dated 04.09.2024 passed by the learned Second Additional Sessions Judge, Sohagpur, District Narmadapuram (M.P.) in Sessions Trial No.11/2022 (State of Madhya Pradesh through Police Station Sohagpur, District Narmadapuram Vs. Kishan @ Chinnu Machchiya), whereby the learned trial court has convicted the appellant Kishan @ Chinnu Machchiya under Sections 302, 376AB, 377, 201 and 450 of IPC and under Section 5 and 6 of the Protection of Children from Sexual Offences Act, 2012 and sentenced as under:-

Conviction Section	Act	Imprisonment	Fine	Imprisonment in lieu of fine
302	IPC	Death Penalty	Rs.1,000/-	R.I. for one month.
5 r/w Section 6	POCSO Act	Death Penalty	Rs.1,000/-	R.I. for one month.
377	IPC	R.I. for 10 years	Rs.1,000/-	R.I. for one month.
201	IPC	R.I. for 7 years	Rs.1,000/-	R.I. for one month.
450	IPC	R.I. for 7 years	Rs.1,000/-	R.I. for one month.

2. It is submitted by Ms. Kriti Jain and Ms. Renu Tiwari, learned counsel for the accused-appellant that firstly chain of circumstances is not complete; secondly, there are several glaring lapses in the conduct of the prosecution like PW-19 Dr. Saif Ali Beg could not reply in paragraph 4 of his cross-examination as to from which hand and which of the fingers, nail clippings were obtained. Thus, it is pointed out that collection of nail clippings of the accused is a suspected item in the present case. It is also submitted that in fact accused has taken a plea of alibi that he was not present at the place of the incident and in fact it was uncle of the deceased, who is the rapist and who had committed the offence.

3. To substantiate this submission on behalf of the appellant, learned counsel for the appellant have drawn attention of this court to Ex.P-39, which is a report of Regional Forensic Science Laboratory, Bhopal dated 23.08.2022 in which it is mentioned that human sperms were found on Articles H-1, H-2, I, J, K-1, L, M and N. It is submitted that Article H-1 is the leggy of the deceased, Article H-2 is the T-shirt of the deceased, Article-I is the vaginal slide swab of the deceased whereas Article-J is the Rectal swab slide of the deceased. Article K-1 is half pants of the deceased, whereas Article-L is the piece of vest, Article-M is the underwear of the appellant and Article-N is his semen slide. This report Ex.P-39 reflects that human sperms and semen were found on these articles.

4. It is submitted that Article-L is of great importance, so also Articles H-1, H-2, I and J, inasmuch as, they were personal belongings of the victim and the vaginal and anal swab, respectively. Once human sperms were found on the said articles, then prosecution was obliged to subject them to DNA Fingerprinting with the blood sample obtained from the appellant.

5. Ms. Kriti Jain, learned counsel while referring to Ex.P-40 submits that the articles which were subjected to DNA Fingerprinting were skin scrapping of the deceased, nail clippings of the deceased, hair found on the leggy of the deceased, pubic hair of appellant - Kishan @ Chinnu Machchiya, nail clippings of appellant, penile swab of the appellant and his blood sample. It is pointed out that there is a glaring omission on the part of the prosecution to not to test personal articles like Articles H-1 and H-2, which were leggy and T-shirt of the deceased, so also vaginal slide sw

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2025 Supreme(Online)(MP) 10039

HIGH COURT OF MADHYA PRADESHVivek Agarwal, JKishan Chinnu Machchiya – AppellantVersusState Of Madhya Pradesh – RespondentCRRFC No.6 of 2024|CRA No.12363 of 2024

Cases Referred (2)

HIGH COURT OF MADHYA PRADESH
Vivek Agarwal, J
Kishan Chinnu Machchiya – Appellant
Versus
State Of Madhya Pradesh – Respondent
CRRFC No.6 of 2024|CRA No.12363 of 2024