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Criminal · Reportable judgment

Irfan Alias Bhayu Mevati vs State of Madhya Pradesh

Court
Supreme Court of India
Date
16 January 2025
Case No.
Criminal Appeal No(s).1667-1668 of 2021
Result
Allowed
Bench
Vikram Nath, Sanjay Karol, Sandeep Mehta
Citation
[2025] 1 S.C.R. 1691 : 2025 INSC 150
Acts & Sections
IPC CrPC Criminal Law (Amendment) Ordinance, 2018 Protection of Children from Sexual Offences… Constitution
Supreme Court Reports [2025] 1 S.C.R. 1691 : 2025 INSC 150
Issue for consideration
In a case where the trial court relied upon the DNA report, whether the non-examination of the scientific experts involved in the process of conducting DNA profiling examination and issuing the report, led to the failure of justice vitiating the trial wherein the appellants were awarded capital punishment.
Headnote

Evidence – DNA profiling report – Non-examination of scientific witnesses – Right of the accused to seek examination of scientific experts/expert witnesses – Criminal Law (Amendment) Ordinance, 2018 – s.376(DB) – Penal Code, 1860 – ss.363, 366A, 376(2)(m), 307 – Protection of Children from Sexual Offences Act, 2012 – ss.5(g), 5(j)(iii)(m), 5(r) r/w s.6 – Appellants were awarded capital punishment by the Trial Court – Death penalty confirmed by High Court – Nonexamination of the scientific experts involved in the process of conducting DNA profiling examination and issuing the report, though the trial court relied upon the DNA report, if led to the failure of justice:

Held: Yes – Appellants were awarded capital punishment and thus, they must be provided a fair opportunity to defend themselves – The DNA profiling report (Exhibit-157) is a document on which the entire fulcrum of the prosecution case is based – Admittedly, it was formally exhibited by the Superintendent of Police (PW-31) in his evidence – However, none of the scientific experts involved in the process of conducting the DNA profiling examination and issuing the report were examined by the prosecution – The trial was concluded in undue haste within less than two months from the date of registration of the case and without providing appropriate opportunity of defending to the accused – Failure of the trial Court to ensure the deposition of the scientific experts while relying upon the DNA report, has led to the failure of justice vitiating the trial – Orders of the courts below quashed and set aside – Case remanded to the Trial Court for summoning of the scientific experts associated with the preparation and issuance of the DNA report with the entire supporting material, directions issued – Code of Criminal Procedure, 1973 – ss.366, 391 – Constitution of India – Article 142. [Paras 22, 23, 29, 30]

Keywords: Non-examination of scientific witnesses · Scientific experts · Scientific officers · DNA profiling report · Right of the accused to seek examination of the scientific experts · Capital punishment · Death penalty · Child victim · Forcible sexual assault · Appropriate opportunity of defending to the accused not provided · Proper opportunity to defend · Fair opportunity to defend · Failure of justice · Grave prejudice · Testimony of the scientific experts · Sexual intercourse · Serious assault

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Order Mehta, J. 1. These appeals take exception to the judgment dated 9th September, 2021, rendered by the Division Bench of High Court of Madhya Pradesh at Indore,1 whereby the criminal appeals2 filed by the appellants Irfan @ Bhayu Mevati3 and Asif Mevati4 were dismissed, and the criminal reference5 under Section 366 of the Code of Hereinafter referred to as ‘High Court’. Criminal Appeal No. 7215 of 2018 was filed by Irfan @ Bhayu Mevati, and Criminal Appeal No.7269 of 2018 was filed by Asif Mevati. Hereinafter referred to as ‘Irfan’. Hereinafter referred to as ‘Asif’. Criminal Refere
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