2025 Supreme(Online)(SC) 4625
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). 630-631 OF 2018 KARANDEEP SHARMA @ RAZIA @ RAJU (cid:201).APPELLANT(S)
VERSUS STATE OF UTTARAKHAND (cid:201).RESPONDENT(S)
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). 630-631 OF 2018 KARANDEEP SHARMA @ RAZIA @ RAJU (cid:201).APPELLANT(S)
VERSUS STATE OF UTTARAKHAND (cid:201).RESPONDENT(S)
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). 630-631 OF 2018 KARANDEEP SHARMA @ RAZIA @ RAJU (cid:201).APPELLANT(S)
VERSUS STATE OF UTTARAKHAND (cid:201).RESPONDENT(S)
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). 630-631 OF 2018 KARANDEEP SHARMA @ RAZIA @ RAJU (cid:201).APPELLANT(S)
VERSUS STATE OF UTTARAKHAND (cid:201).RESPONDENT(S)
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). 630-631 OF 2018 KARANDEEP SHARMA @ RAZIA @ RAJU (cid:201).APPELLANT(S)
VERSUS STATE OF UTTARAKHAND (cid:201).RESPONDENT(S)
A defendant's right to a fair trial includes adequate legal representation and reliable evidence; DNA reports must be validated through expert testimony to be admissible.
Headnote:(A) Indian Penal Code, 1860 - Sections 363, 366, 376A, 302, 201 - Protection of Children from Sexual Offences Act, 2012 - Conviction and sentencing of death for sexual assault and murder - Prosecution's case based on circumstantial evidence deemed untrustworthy and conjectural. (Paras 30, 56)
(B) Legal Representation - Right to legal representation denied during trial, affecting fair trial rights. (Paras 15, 16)
Facts of the case:
The appellant was convicted for the abduction and murder of a child victim, based on circumstantial evidence of ‘last seen’ theory and a DNA report not validated by expert testimony. (Paras 4, 6)
Findings of Court:
The Court found critical flaws in the prosecution's evidence, especially regarding the handling of DNA reports and lack of proper legal representation during trial. (Paras 27, 56)
Issues: Whether the appellant was given a fair opportunity to defend himself and whether the evidence relied upon was sufficient to sustain the conviction. (Paras 15, 36)
Ratio Decidendi: The Court ruled that the DNA evidence was inadmissible due to lack of validation and procedural flaws; therefore, without credible evidence, the conviction could not be sustained. (Paras 56, 57)
Result: Appeals allowed; appellant acquitted.
JUDGMENT
Mehta, J.
1. Heard.
2. The accused-appellant, [NEETU KHAJURIA 1 Hereinafter. Referred to as the appellant] was tried by the Fast Track Court/Additional Sessions Judge/Special POCSO Judge, Rudrapur, Udham Singh Nagar, Hereinafter, referred to as the trial Court in Special Sessions Trial No. 159 of 2016 for the offences punishable under Sections 376A , 302, 366, 363 and 201 of the Indian Penal Code , 18603 Hereinafter, referred to as the ‘IPC’. and Sections 5 /6 of the Protection of Children from Sexual Offences Act , 20124 Hereinafter, referred to as the ‘POCSO Act’.. Vide judgment dated 5th April, 2017 and 6th April, 2017, he was convicted and sentenced in the terms below:
| Section | Sentence |
| 376A IPC | Death Sentence |
| 302 IPC | Death Sentence |
| 366 IPC | 10 years Rigorous Imprisonment along with fine of Rs. 10,000/- and in default, to undergo Simple Imprisonment for 3 months. |
| 363 IPC | 3 years Rigorous Imprisonment along with fine of Rs. 10,000/- and in default, to undergo Simple Imprisonment for 3 months. |
| 201 IPC | 3 years Rigorous Imprisonment along with fine of Rs. 10,000/- and in default, to undergo Simple Imprisonment for 3 months. |
3. The trial Court forwarded a reference, [Criminal Reference No. 1 of 2017.] under Section 366 of the Code of Criminal Procedure , 19736 Hereinafter, referred to as the ‘CrPC’. to the High Court of Uttarakhand at Nainital7 Hereinafter, referred to as the ‘High Court’., for confirmation of the death sentence. The appellant also preferred an appeal8 Criminal Appeal No. 156 of 2017 assailing his conviction. The High Court vide judgment dated 5th January, 2018 dismissed the appeal preferred by the appellant and answered the reference in the affirmative thereby confirming the penalty of death sentence awarded to the appellant by the trial Court. The said judgment of the High Court is the subject matter of challenge in these appeals by special leave at the instance of the accused-appellant.
4. The case of the prosecution as unfurling from the record is that the child-victim, i.e., Ms. A9 Hereinafter, referred to as the ‘child-victim’. went missing from a Jagran function which was organized in the village Fasiyapura on the intervening night of 25th/26th June, 2016. The father of the victim(PW-1), [Hereinafter, referred to as the ‘complainant(PW-1)’.] lodged an FIR, [FIR No. 236 of 2016 (Exhibit Ka-1).] to the effect that his daughter had gone missing from the Jagran function and all their efforts to trace out the girl proved futile. While he was continuing the search operations, someone told him that the body of a girl child was lying in a nearby field. On this, the complainant(PW-1) along with his family members rushed to the location and identified the dead body to be that of his daughter (child-victim). The complainant(PW-1) suspected that the child-victim had been subjected to forcible sexual assault before being killed. On receiving the FIR, Om Prakash Sharma, Investigating Officer(PW-14) commenced investigation. Spot documents were prepared, and an inquest was carried out on the child-victim’s dead body. Statements of witnesses were recorded. The body of the child-victim was sent for post-mortem examination. Dr. Madan Mohan, medical officer(PW-7) conducted autopsy upon the dead body and issued the post-mortem report12 Exhibit Ka-2. , taking note of multiple injuries on the private parts and the head of the child-victim. He opined that the cause of death of the child-victim was asphyxia. Statements of the material witnesses were recorded. The appellant was apprehended on 28th June, 2016. It is alleged that the Investigating Officer(PW-14) got the confession, [Exhibit Ka-11.] of the appellant recorded through the Magistrate concerned. After concluding the investigation, a charge- sheet14 Exhibit Ka-17. came to be filed against the appellant and he was subjected to trial. Upon completion of trial, the appellant was convicted and sentenced as mentioned above.
5. The appeal filed by the appellant against his conviction a
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