VidhiSangh

Supreme Court of India · 04/03/2025

KARANDEEP SHARMA @ RAZIA @ RAJU versus STATE OF UTTARAKHAND

[2025] 3 S.C.R. 1482 · 2025 INSC 444

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Summary

The appellant was sentenced to death for the rape and murder of a child who went missing from a village Jagran function, and the Uttarakhand High Court confirmed the sentence. The Supreme Court acquitted him, finding that the trial was conducted in undue haste without a fair opportunity to defend, that the 'last seen' witnesses were unreliable because none of them told the police at the spot and no identification parade was held, that the recovery of clothes was planted, and that the DNA report was inadmissible since the expert was not examined and the chain of custody of the samples was not proved.

Issues

  1. Whether the trial was fair when charges were framed on the day copies of the police papers were supplied, the accused was unrepresented until evidence began, and the evidence was concluded within twenty-seven days with a change of amicus midway.
  2. Whether the testimony of the 'last seen' witnesses was reliable when none of them had informed the police at the spot, no test identification parade was held and the witnesses were not asked to identify the accused in the dock.
  3. Whether a DNA/FSL report can be read in evidence when the expert who conducted the profiling was not examined and the sealing, custody and transmission of the samples were not proved.
  4. Whether the conviction and death sentence could be sustained on the remaining circumstantial evidence.

Provisions considered

Held

Result

Appeals allowed; the trial court's judgments dated 05.04.2017 and 06.04.2017 and the High Court's judgment dated 05.01.2018 quashed and set aside; the appellant acquitted of all charges and to be released from custody forthwith if not wanted in any other case; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 3 S.C.R. 1482.