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PRAKASH NISHAD @ KEWAT ZINAK NISHAD v. STATE OF MAHARASHTRA [SANJAY KAROL, J.] 177 A B C D E F G H

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Kewat

案件摘要

司法管轄

印度

國籍

印度人

案件標題: Prakash Nishad @ Kewat v. State of Maharashtra

作案時年齡: 24

作案時年齡組: 成年人 (18至59歲)

性别: 男性

犯罪時的宗教信仰: 印度教

弱勢 / 邊緣群體身份

社會經濟地位

司法轄區 - 地理定位

緯度: 20.5937

經度: 78.9629

司法轄區 - 地理定位 (已連結案件摘要): 印度

瑞慈合作機構

The Square Circle Clinic (印度)

該國最新死刑狀態

保留死刑

案件現狀: 已結案: 無罪釋放

判處死刑年份: 2010s: 2014

執行方式: 絞刑

死刑所涉罪名的性質

性暴力: Rape
謀殺: 一名受害者

專家證據

法醫 / 醫學證據: DNA / 血清學 / 生物學
法醫 / 醫學證據: 屍檢 / 死後檢驗

案件背景 (最多300字)

The Case against the accused is that he allegedly kidnapped, raped and murdered a 6-year-old girl. The four key circumstances against the accused are:

The accused was residing in the same chawl as the victim and was found near the crime scene.
He made disclosure statements, leading to the recovery of incriminating articles from his residence and another location where he had hidden clothes belonging to both himself and the victim.
Appellant was found near the scene of the crime
The DNA reports prepared on scientific analysis by an expert, establishing the blood of the deceased on banian (undershirt) of the Accused and his semen on the clothes of deceased and her vaginal smear slide.

The Supreme Court, while allowing the appeal and acquitting the accused held :

The recovery evidence in this case is unreliable due to multiple contradictions and procedural lapses: discrepancies in witness testimonies about the timing and details of the recovery, inconsistencies about the location and condition of the incriminating articles, failure to properly document or seal the search, non-examination of key witnesses like the room partner, and the appellant's inability to understand the language of the proceedings. Additionally, the police failed to follow proper procedures, making the recovery questionable under Section 27 of the Evidence Act.
Chain of custody on Sample Collection: There is no evidence on record establishing who collected the samples, on what date, how many times, and why the samples were not sent all at once. None of the police officials testified about the formalities of keeping the samples safe and secure.
Questionable DNA Report: The only document indicating the Accused's medical examination does not reveal the sample of the body part being drawn. The doctor who conducted the examination did not testify to the correctness of the document's contents. Additionally, the document itself lacks credibility due to certain interpolations and different handwriting, failing to meet the statutory requirements under Section 53A of the Code of Criminal Procedure.

The judgment is selected because it emphasizes the importance of maintaining the 'chain of custody' of evidence, which was not properly documented in this case. The chain of custody ensures that each person handling the evidence is acknowledged in the documentation to maintain the integrity of the evidence. The absence of a duly maintained chain of custody document compromises the reliability of the evidence.

辯方意見 (最多200字): Not captured in Judgment

判决摘要 (最多200字): Fair investigation: The Supreme Court highlighted several critical lapses in the investigation that compromised the prosecution's case. Despite the heinous nature of the crimes against a six-year-old child, the Court observed that the investigation was marred by unexplained changes in investigating officers, failure to comply with Section 53A of the Code of Criminal Procedure, unexplained delays in sending samples for analysis, and multiple procedural irregularities. These included a lack of proper documentation, failure to draw blood and semen samples from the accused in a timely manner, and the unexplained re-search of already searched premises.

獲得法律代理的情況

第二次上訴階段: 公益律師
上訴階段: 國家法律援助
偵查前階段: 未知
審判階段: 未知

與罪名相關的立法: Section 53A, Code of Criminal Procedure, 1973 (CrPC) Section 27- Indian Evidence Act 201,302,376,377- Indian Penal Code, 1860 (IPC)

司法判例: Sharad Birdhichand Sarda vs. State of Maharashtra Syed Qasim Razvi vs. The State of Hyderabad and Ors. Krishan Kumar Malik vs. State of Haryana Rajendra Pralhadrao Wasnik vs. State of Maharashtra Pattu Rajan vs. The State of Tamil Nadu

案件材料語言

英語

主要文檔

Prakash Nishad @ Kewat 2023 SCR.pdf
English
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Death Penalty Defence - Asia

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Kewat

主要文檔

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