Vinod alias Rahul Chouhtha - V/s - State of Madhya Pradesh P.S. Kotwali, Shahdol (M.P.)

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

Criminal Appeal, 2151 of 2018, Judgment Date: Aug 08, 2018

Law Laid Down:

The opinion of an expert is admissible in evidence u/S 293 of the CrPC and therefore, cannot be discarded on the basis of books on Medical Jurisprudence unless the passages which are sought to be discredited in the opinion of the expert are put to him - Judgments relied - AIR 1975 SC 905 (Phool Kumar vs. Delhi Administration) and AIR 1957 SC 589 (Bhagwan Das and another vs. State of Rajasthan).

A DNA report must be accepted as scientifically accurate and is an exact science. It would be a dangerous doctrine to lay down that report of an expert witness could be brushed aside by making reference to some text on that subject without such text being put to the expert. The Court cannot usurp the function of an expert. - Judgment Relied - (2010) 9 SCC 747 (Santosh Kumar Singh vs. State through CBI).

A positive result of DNA test would constitute clinching evidence against the accused. If, however, result of test is negative, the weight of other material evidence on record will still have to be considered. - Judgment Relied - (2017) 4 SCC 393 (Sunil vs. State of Madhya Pradesh).

The report of the doctors is based upon approximate time gap between the death and the postmortem. Therefore, the approximation of time of death is not approximation of the hours of the day as well.

Marg intimation (Ex.P-3) is a prior statement given by the witness. If it was at variance with the statement made on oath, the witness was required to be confronted but in absence thereof, the statement on oath in Court would be relevant to appreciate the evidence of the prosecution.

The prosecution evidence consisting of last seen at the time when child went missing; last seen near the vicinity of the place of crime; recovery of dead body on the basis of disclosure statement of the accused; injuries on the person of the accused as well as report of DNA, conclusively proves that it is the appellant, who has violated the victim and then killed her.

It is an act of extreme depravity when the appellant prompted a child of four years whose only fault was that she believed the appellant to be her well-wisher. The crime against the girl child are on rise. The Court has the social responsibility to make the citizen of this country know that law cannot come to the rescue of such person on the basis of humanity. The extreme punishment may convey a message to these predators that it is not a soft State where the criminals committing such serious crimes may get reprieve in the guise of humanity. The humanity is more in danger in the hands of the persons like the appellant. In these circumstances, it is one of the rarest of rare cases where the extreme capital punishment is warranted. -  Death sentence affirmed.

Vinod alias Rahul Chouhtha - V/s - State of Madhya Pradesh P.S. Kotwali, Shahdol (M.P.)