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Criminal LawSupreme Court of India

Karandeep Sharma @ Razia @ Raju v. State of Uttarakhand

Criminal Appeal · 2025 INSC 444Decided 4 Mar 2025
Crl.A. No.-000630-000631 - 2018
Justice Vikram Nath · Justice Sanjay Karol · Justice Sandeep Mehta

Background

A child went missing from a village religious function (Jagran) in Uttarakhand in June 2016 and was later found dead, with the post-mortem showing signs of sexual assault and death by asphyxia. The appellant, who operated sound and light equipment at the function, was arrested, tried, and convicted of rape and murder (among other offences) based on "last seen" witness testimony, a disputed confession, and DNA/forensic reports; he was sentenced to death by the trial court, and the Uttarakhand High Court confirmed both the conviction and the death sentence.

Decision Breakdown

The Supreme Court acquitted the appellant, finding the entire prosecution case unreliable. It held the "last seen" witnesses' testimony was not credible because none of them told police about seeing the accused with the victim until days later, and none identified him in court. The confession was rightly discarded by the lower courts as extracted under duress. Crucially, the DNA/FSL reports could not be relied upon because the prosecution never examined the forensic expert who conducted the DNA testing (relying instead on Rahul v. State of NCT of Delhi), and there were serious unexplained gaps in the chain of custody of samples between collection and the forensic lab, raising a real possibility of tampering. The Court also flagged serious fair-trial violations. The accused was unrepresented for months, was rushed through evidence-recording within 27 days without adequate time for his lawyer to prepare, and the trial court improperly allowed police witnesses to narrate his confession in open court.

Lesson Learnt

A conviction, especially a death sentence, cannot rest on circumstantial evidence riddled with gaps: DNA evidence is worthless unless the prosecution proves an unbroken, tamper-free chain of custody and examines the actual expert who performed the test, and courts must ensure an accused gets real legal representation and adequate time to prepare a defence, not just a token lawyer assigned at the last minute.

Karandeep Sharma @ Razia @ Raju v. State of Uttarakhand – Legal Case Shots | LegalAware