In a significant verdict, the Gujarat High Court has overturned the death sentence and acquitted a man in his 40s who was convicted by a Surat trial court for the rape and murder of his 14-year-old daughter. The division bench found the prosecution's case, heavily reliant on circumstantial and DNA evidence, to be critically compromised due to serious procedural failures.
Case Background and Trial Court Conviction
The harrowing case dates back to June 29, 2017, when the body of a 14-year-old girl from Odisha's migrant labourer community was discovered on Surat's Dumas Beach. She had been strangled to death. During the investigation, allegations emerged that her own father had impregnated her and subsequently killed her to avoid public shame and humiliation for the family.
In January 2020, a Surat trial court found the accused guilty under the Indian Penal Code and the Pocso Act. The conviction and subsequent death penalty were based on circumstantial evidence, which included the theory of the accused being the last person seen with the victim, his alleged visit to a clinic with her before the murder, and crucially, a DNA report. This forensic report claimed that the DNA samples of the accused matched those recovered from the victim's unborn foetus.
High Court's Scrutiny and Grounds for Acquittal
A division bench comprising Justice Ilesh Vora and Justice R T Vachhani heard the state government's plea for confirmation of the death sentence. However, the bench took a starkly different view, ultimately acquitting the accused. The court ruled that the prosecution failed to prove all necessary circumstances with reliable and clinching evidence to form an unbreakable chain pointing solely to the accused's guilt.
The bench identified multiple fatal flaws in the investigation and evidence presentation:
Critical Lapses in DNA Evidence Handling
The High Court refused to rely on the DNA report, which was the cornerstone of the prosecution's case. It highlighted major procedural lapses that compromised the sample's integrity:
- There was an unexplained 13-day delay in submitting the biological samples to the Forensic Science Laboratory (FSL).
- The samples were not preserved properly; they were not kept in an ice box, raising the risk of degradation and contamination.
- The prosecution could not establish a reliable chain of custody for the samples before they reached the FSL.
- The court also questioned the qualifications of the scientific officer who conducted the analysis, noting he held a BSc in Zoology, casting doubt on his competence to offer a conclusive opinion on such DNA matching.
The bench explicitly stated that given the delay and absence of proper temperature control, the possibility of contamination could not be ruled out, making the DNA evidence unreliable.
Other Weaknesses in the Prosecution's Case
Beyond the forensic failures, the High Court noted other gaps that weakened the case:
- Key witnesses, including the victim's mother and brother, were not examined by the prosecution.
- The details supporting the "last seen together" theory were found to be inadequate.
- The conduct of the accused after the incident was not sufficiently established to support guilt.
Verdict and Implications
Consequently, the Gujarat High Court reversed the trial court's verdict and acquitted the accused. The judgment underscores the paramount importance of meticulous evidence collection, preservation, and presentation in criminal trials, especially in capital punishment cases. It serves as a stern reminder to investigative agencies that procedural rigour is non-negotiable, particularly when dealing with sensitive scientific evidence like DNA, where the slightest lapse can overturn an entire case.
