• Supreme Court Quashes Death Penalty in POCSO Case, Orders Fresh Trial Over DNA Report
• Death Sentence Revoked: SC Orders Re-Examination of DNA Experts in POCSO Case
• Supreme Court Remands POCSO Case to Trial Court for Proper Scientific Examination

The Supreme Court has quashed the death penalty awarded in a POCSO case and remanded the matter to the Trial Court for a fresh examination of DNA experts.

The Apex Court found that the trial was concluded in undue haste, depriving the accused of a fair opportunity to defend themselves.

A three-judge bench comprising Justice Vikram Nath, Justice Sanjay Karol, and Justice Sandeep Mehta delivered the judgment while hearing criminal appeals against the Madhya Pradesh High Court’s decision, which had confirmed the death sentence awarded by the Trial Court.

Case Background and Investigation

The case dates back to 2018, when a missing complaint was lodged by a woman alleging that her granddaughter, a third-standard student, had disappeared from her school premises.

The police registered a case under Section 363 of the Indian Penal Code (IPC) and began an investigation.

The next day, a witness informed the authorities that the child had been found in an injured condition.

The police took her to a hospital, where she later narrated that she was forcibly abducted by a man who fed her a sweet (ladoo) and took her to a secluded spot. There, she was allegedly sexually assaulted while another person held her hands.

During the investigation, CCTV footage was analyzed, and suspicious movements were identified. The victim’s relatives recognized the accused in the footage.

Subsequently, a Test Identification Parade (TIP) was conducted, where the victim identified both accused persons. The medical examination of the accused followed, and the Trial Court convicted them, sentencing them to capital punishment.

The Madhya Pradesh High Court upheld the conviction and death penalty, leading the accused to appeal before the Supreme Court.

Supreme Court’s Observations

The Supreme Court noted that the Trial Court had relied on the DNA report without allowing the deposition of scientific experts, which amounted to a violation of justice.

It emphasized that in capital punishment cases, ensuring a fair trial is non-negotiable. The bench remarked:

“The failure of the Trial Court to ensure the deposition of the scientific experts while relying upon the DNA report has definitely led to the failure of justice, thereby vitiating the trial.”

SC’s Directives for Fresh Trial

The Apex Court set aside the death sentence and ordered the Trial Court to summon the DNA experts responsible for preparing the report, along with all supporting evidence.

These experts shall be examined as court witnesses, ensuring both the prosecution and the defense have a proper opportunity for cross-examination.

The Court further directed that if the accused are not represented by a counsel of their choice, a defense lawyer with substantial experience—as per Anokhilal’s case guidelines—should be appointed.

Following the scientific expert testimony, the accused shall be questioned again under Section 313 of the Criminal Procedure Code (CrPC), considering the fresh evidence. They shall also be provided an opportunity to present defense evidence.

Finally, the Trial Court shall rehear arguments and decide the case afresh within four months from the receipt of the Supreme Court’s order.

Case Details:

• Case Title: Irfan Alias Bhayu Mevati v. State of Madhya Pradesh
• Neutral Citation: 2025 INSC 150
• Bench: Justice Vikram Nath, Justice Sanjay Karol, and Justice Sandeep Mehta
• Appellants’ Counsel: Senior Advocates Siddharth Aggarwal, Gopal Sankaranarayanan & team
• Respondent’s Counsel: AORs Pashupathi Nath Razdan, Rashmi Nandakumar & Advocate Yashmita Pandey