Saravanan vs The State Rep By The Inspector Of Police on 12 March, 2026

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    Supreme Court – Daily Orders

    Saravanan vs The State Rep By The Inspector Of Police on 12 March, 2026

    Author: Aravind Kumar

    Bench: Aravind Kumar

                                           IN THE SUPREME COURT OF INDIA
                                          CRIMINAL APPELLATE JURISDICTION
    
                                        CRIMINAL APPEAL NO (S).4179-4180 OF 2025
    
    
              SARAVANAN                                                             ...APPELLANT(S
              )
    
    
                                                             VERSUS
    
    
              THE STATE REP BY THE INSPECTOR
              OF POLICE AND ANR.                                                 …RESPONDENT(S)
    
    
    
                                                            ORDER
    

    1. The present Appeals are directed against the Impugned Judgement and

    Order dated 22.01.2025 passed by Madurai Bench of Madras High Court

    SPONSORED

    in Criminal Appeal bearing Crl. A. (MD) No. 23 of 2021 whereby the

    order of acquittal dated 20.05.2019 passed by the Sessions Court, Theni, in

    SC No. 14 of 2018, came to be reversed and consequently convicted the

    appellant under Section 6 of the Prevention of Children from Sexual

    Offences Act, 2012 (POCSO Act) and sentenced him to ten (10) years
    Signature Not Verified

    Digitally signed by
    Rigorous Imprisonment by Judgement dated 27.01.2025.
    RASHI GUPTA
    Date: 2026.03.20
    17:25:41 IST
    Reason:

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    2. The prosecution story in brief is that on the fateful day of 27.07.2017 the

    deceased minor girl sustained extensive burn injuries at her residence and

    she was admitted to the Government Hospital where the Judicial

    Magistrate recorded her dying declaration (Exh. P8) whereunder, she

    stated that she doused herself with kerosene and set herself on fire, without

    implicating any person. On 28.07.2017, mother of the deceased minor girl

    lodged a complaint accusing the appellant of having illicit relationship

    with her daughter and impregnating her and on his refusal to marry, she

    was driven to self-immolate herself. The said complaint culminated into

    registration of FIR bearing Crime No. 414 of 2017 being registered under

    Section(s) 5(1)(ii) and 6 of POCSO Act, 2012 and Section 309 of Indian

    Penal Code, 1860 (IPC). On 31.07.2017, at about 14.05 hours the victim

    succumbed to the injuries and the IPC charge was altered to Section 305.

    The foetus of a unborn child had ejected spontaneously from the body of

    the victim while she was being treated which came to be stored in saline

    water and forwarded to Forensic Science Department, Chennai for DNA

    analysis and the alleged blood sample of the appellant was also drawn.

    However, the specific date of collection of appellants blood sample for

    DNA test is the core issue to be adjudicated in the present appeals. The

    final DNA report was filed on 09.10.2017 (Exh. P9). The chargesheet

    came to be filed on 21.12.2017. Charges were framed against the appellant

    for the offences punishable under section 6 of POCSO Act, 2012 and

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    Section 305 of IPC. The accused denied the charges and claimed to be

    tried. The prosecution examined fifteen (15) witnesses to drive home the

    guilt of the accused. The incriminating circumstances were put to the

    accused under section 313 Code of Criminal Procedure, 1973 (in short

    Cr.P.C.) and after evaluating the evidence on record, the Trial Court

    rendered a judgement of acquittal by order dated 20.05.2019 which was

    subjected to appeal under Section 372 of Cr.P.C. by the defacto

    complainant, mother of the deceased minor girl. The High Court after re-

    appreciation of evidence over-turned the findings of the trial court into

    conviction under Section 6 of POCSO Act by the Impugned Judgement

    dated 22.01.2025 sentenced the appellant to ten (10) years of Rigorous

    Imprisonment. Aggrieved by the said Judgment of conviction and

    sentence, the accused-appellant has filed the present appeals.

    3. We have heard the learned Senior Counsels appearing on behalf of

    appellant and respondent at length. Learned Senior Counsel appearing for

    the appellant has vehemently submitted that Impugned Judgement is

    erroneous and the High Court had failed to appreciate the evidence of the

    prosecution witnesses, especially PW 7 and PW 10 in proper perspective.

    The thrust of the argument on behalf of appellant is that the blood sample

    of appellant had been taken subsequent to the DNA report of the Foetus

    was obtained, as such, the doctor could not have had the opportunity to

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    match the blood sample of the appellant with the Foetus. She has drawn

    our attention to several dates which hold substantial significance, Firstly,

    the foetus was secured on 30.07.2017 and it was forwarded to Forensic

    Lab for testing on 04.08.2017. Thereafter, the Final DNA report was

    rendered on 09.10.2017 (Exh. P9). Moreover, she has drawn our attention

    to the evidence of PW 10 to contend that blood sample of appellant was

    obtained on 31.01.2018, as such, it was long after the DNA report was

    rendered. Hence, there was no opportunity to match the blood sample of

    the appellant with the foetus to arrive at a conclusion that appellant is the

    biological father of the said foetus. Lastly, she contended that Trial Court

    was right in appreciating the evidence of PW 10 to arrive at a conclusion

    that DNA report could not be relied upon and therefore, the benefit of

    doubt was extended in favour of the appellant/accused. Hence, she has

    prayed for the appeals being allowed and Impugned Judgement to be set

    aside.

    4. Per Contra, Learned Senior Counsel appearing for the respondent

    contended that the High Court has appreciated the evidence of witnesses

    properly before arriving at a finding of conviction. He contends that

    evidence of PW 7, Thameen Ansari who was working as Grade II Police

    Constable, had clearly stated that blood sample was taken on 31.08.2017

    itself and same was handed over to the Forensic department on 06.09.2017,

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    and Exh. P-9 was prepared after matching the blood sample of the

    appellant with the foetus. However, when we raised a query regarding the

    inconsistency in the testimony of PW 7 and PW 10 regarding the date of

    collection of blood sample, learned counsel for the respondent could not

    provide a satisfactory answer to the same.

    5. Having heard the learned senior counsels, and on perusal of the material on

    records, we are of the considered view that narrow compass in which the

    present appeals lies relates to examining reliability of the DNA report

    (Exh. P9) especially in the light of inconsistent dates of collection of blood

    sample from the appellant. The Court in Prakash Nishad vs. State of

    Maharashtra1, has held:-

    “64. Even otherwise, on the value of DNA evidence, we may
    refer to an observation made by this Court in Pattu
    Rajan v. State of T.N. [Pattu Rajan v. State of T.N., (2019) 4
    SCC 771 : (2019) 2 SCC (Cri) 354] , as under: (SCC p. 791,
    para 52)

    “52. Like all other opinion evidence, the probative
    value accorded to DNA evidence also varies from
    case to case, depending on the facts and
    circumstances and the weight accorded to other
    evidence on record, whether contrary or
    corroborative. This is all the more important to
    remember, given that even though the accuracy of
    DNA evidence may be increasing with the
    advancement of science and technology with every
    passing day, thereby making it more and more
    reliable, we have not yet reached a juncture where it
    may be said to be infallible. Thus, it cannot be said
    that the absence of DNA evidence would lead to an
    adverse inference against a party, especially in the

    1 (2023) 16 SCC 357

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    presence of other cogent and reliable evidence on
    record in favour of such party.”

    65. Referring to the above case, a three-Judge Bench
    in Manoj v. State of M.P. [Manoj v. State of M.P., (2023) 2 SCC
    353: (2023) 2 SCC (Cri) 1] , through S. Ravindra Bhat, J.,
    observed: (SCC p. 435, para 158)

    “158. This Court, therefore, has relied on DNA
    reports, in the past, where the guilt of an accused
    was sought to be established. Notably, the reliance
    was to corroborate. This Court highlighted the need
    to ensure quality in the testing and eliminate the
    possibility of contamination of evidence; it also held
    that being an opinion, the probative value of such
    evidence has to vary from case to case.”

    66. In the present case, even though, the DNA evidence by way
    of a report was present, its reliability is not infallible, especially
    not so in light of the fact that the uncompromised nature of such
    evidence cannot be established; and other that cogent evidence
    as can be seen from our discussion above, is absent almost in its
    entirety.”

    Evidently from testimony of PW 7/Thameem Ansari, the police constable

    who claims to have delivered the blood sample of the appellant to the FSL

    on 06.09.2017 cannot be accepted, as PW 10/Dr. Gokulapandia sankar, has

    clearly deposed that he had collected the blood sample of the appellant on

    31.01.2018. If so, the DNA report dated 09.10.2017 could not have been

    relied upon to convict the appellant in the absence of any other

    corroborative material which established the fact that blood sample of

    appellant had been obtained prior to 09.10.2017. The learned High Court

    has proceeded on the footing that the Trial Court’s reason is perverse and

    has held that the discrepancy in the date with regard to drawing of the

    blood sample of the Appellant is a minor contradiction, ignoring the fact

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    that there was no other material available to establish the fact that blood

    sample of the Appellant had been drawn prior to 09.10.2017. We also

    notice that the Assistant Director of Forensic Lab who was examined as

    PW12 has further admitted that she is not aware the date on which the

    blood sample was collected. She further admits that she does not possess

    any degree and on the basis of the training in forensic science she claimed

    to have issued the report dated: 09.10.2017.

    6. The trial court after examining the testimony of PW 7, PW 10 and PW 12,

    Dr. Karthikey, who conducted the post-mortem, meticulously came to the

    conclusion that there is glaring inconsistency between the evidence of the

    prosecution witnesses regarding the date of collection of blood sample of

    the appellant, as such, the DNA report (Exh. P9) dated 09.10.2017 could

    not be relied upon to arrive at a conclusion that appellant was the

    biological father of the foetus. Hence, the benefit of doubt was rightly

    extended to the accused, since the DNA report was held to be doubtful and

    he was acquitted. The findings of the trial court are extracted for ready

    reference: –

    “62. PW 7 The police constable in his witness had stated that on
    31.08.2018 he took custody of the accused from the jail for
    conducting medical examination and after completing medical
    examination had handed over the accused back to the jail
    authorities and had handed over the blood sample collected on
    06.09.2017 to the Forensic science Laboratory. But PW 10 in his
    examination had told that he collected the blood sample of the

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    accused on 31.01.2018 in a FDA card and gave it to the police
    man in charge, and in his cross examination had stated that he
    too the blood sample in the forenoon and that he did not
    remember the time exactly. And he had not mentioned that FDA
    card being attached to the letter from the court. And in the FDA
    card the age of the sample drawn person and the date of sample
    drawn are not mentioned and further stated that it was sent
    directly as per the court’s order But in his Police enquiry had not
    mentioned that it had been sent directly. PW 7 had given
    evidence that the blood sample collected on 30.01.2018 was
    handed over to the laboratory on 06.09.2017

    xxxxxx

    65. The witness of PW 12, the Forensic science Laboratory
    assistant director, had proved that the accused is the biological
    father of the child of deceased daughter of PW 1 through the
    analysis of the accused persons blood sample. But contrary to
    that she had stated in his witness that the still born fetus is a
    male child and that the accused is the biological father of the
    still born fetus. And that the report regarding that is Exhi P 9
    Further he had stated that, she doesn’t know details regarding
    the doctor who drew the blood sample and from whom the
    sample was drawn, and on which date the blood sample was
    drawn and that she is not specifically qualified in DNA testing
    and further she had not mentioned in his report as to whether the
    fetus was in good condition for testing and had not mentioned as
    to how the fetus was in good condition for testing and had not
    mentioned as to how the fetus was processed to keep it
    protected. And further said that if the fetus is not properly
    protected it may cause damage to the fetus and that no salvation
    had been done. And his witness seems to indicate the acceptance
    on their side that there is no connection between the blood
    subjected to the analysis and the accused. And this argument of
    the accused side is found to be acceptable.

    xxxxxx

    67. Under these circumstances, the discrepancies identified
    through cross-examination of the prosecution witnesses
    particularly regarding the DNA report (Exhibit P-9), including
    when the test was conducted and how and when the sample was
    sent for analysis-constitute a setback to the prosecution’s case.
    Therefore, the arguments advanced by the accused side are
    found to be acceptable. Based on these arguments, this court
    grants the benefit of doubt to the accused and orders an
    acquittal.”

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    7. Perusal of the Impugned Judgement and Order apparently reveals that High

    Court has premised its findings of conviction based on the testimony of PW

    10 pertaining to the date of collection of the blood sample of the appellant

    on 31.01.2018 as mere “slip of tongue” to arrive at a conclusion that

    concerned doctor had the opportunity to match the blood sample of the

    appellant with that of foetus before recording a finding in the DNA report

    dated 09.10.2017 (Ex. P9).

    8. Although the High Court under the Impugned Judgement took into

    consideration principles regarding the scope of interference by an appellate

    court for reversing the judgement of acquittal rendered in favour of the

    accused as explained by this court in Bhupatbhai Bachubhai Chavda &

    Another v. State of Gujarat2 which held that only when the judgement of

    acquittal suffers from patent perversity or is based on misreading/omission

    to consider material evidence on record and/or where no two reasonable

    views are possible and only the view consistent with the guilt of the

    accused is possible from the evidence available on record, the interference

    by the appellate court is warranted, it failed to apply the said parameters to

    the facts obtained in the instant case.

    9. Since the concerned DNA report (Exh. P9) which forms the core basis to

    derive nexus of appellant to conviction, itself is doubtful, no reasonable

    view could have been formed which is only consistent with the guilt of the

    2 2024 SCC OnLine SC 561

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    accused, as such, we are of the considered view that prosecution failed to

    drive home the accusation beyond reasonable doubt.

    10. Hence, we are of the considered opinion, that finding recorded by the High

    Court under the Impugned Judgement is erroneous and deserves

    interference. Hence, we allow the present Appeals and set aside the

    Impugned Judgement and Order of conviction dated 22.01.2025 and

    sentence dated 27.01.2025 passed in Criminal Appeal bearing Crl. A. (MD)

    No. 23 of 2021 and restore the Judgement of the Sessions Court rendered in

    SC 14/2018 dated 20.05.2019 and consequently, appellant is acquitted and

    is ordered to be released forthwith, if not required in any other case. Bail

    bond executed stands discharged.

    11. Pending Applications, if any, stands disposed of.

    .……………………………., J.

    [ARAVIND KUMAR]

    .……………………………., J.

    [PRASANNA B. VARALE]

    New Delhi;

    March 12th, 2026.

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    ITEM NO.101                  COURT NO.16                  SECTION II-C
    
    
                    S U P R E M E    C O U R T    O F   I N D I A
                              RECORD OF PROCEEDINGS
    
    
    Criminal Appeal     No(s).   4179-4180/2025
    
    
    SARAVANAN                                                Appellant(s)
                                       VERSUS
    
    
    THE STATE REP BY THE INSPECTOR OF POLICE & ANR.          Respondent(s)
    
    
    

    [ PART HEARD BY:- HON’BLE ARAVIND KUMAR AND HON’BLE PRASANNA B.
    VARALE,JJ. ] [ FOR FURTHER HEARING ]
    IA No. 229126/2025 – EXEMPTION FROM FILING O.T.
    IA No. 229128/2025 – GRANT OF BAIL
    IA No. 281890/2025 – PERMISSION TO FILE ADDITIONAL
    DOCUMENTS/FACTS/ANNEXURES
    IA No. 293448/2025 – PERMISSION TO FILE ADDITIONAL
    DOCUMENTS/FACTS/ANNEXURES

    Date : 12-03-2026 This matter was called on for hearing today.

    
    
    CORAM :   HON'BLE MR. JUSTICE ARAVIND KUMAR
              HON'BLE    MR. JUSTICE PRASANNA B. VARALE
    
    
    For Appellant(s) : Ms. Manju Jetley, AOR
                          Mrs. Vibha Datta Makhija, Sr. Adv.
                          Mr. S D Dwarakanath, Adv.
                          Mr. Praveen Gaur, Adv.
                          Ms. Neaol Sri Lv, Adv.
                          Ms. Rohini Narayanan, Adv.
    
    
    
                                         11
    

    For Respondent(s) :Mr. V.krishnamurthy, Sr. A.A.G.
    Mr. Sabarish Subramanian, AOR
    Mr. Vishnu Unnikrishnan, Adv.

    Ms. Azka Sheikh Kalia, Adv.

    UPON hearing the counsel the Court made the following
    O R D E R

    1. Appeals are allowed in terms of the Signed Order which is placed
    on the file.

    2. Pending application(s), if any, shall stand disposed of.

    (RASHI GUPTA)                                     (AVGV RAMU)
    COURT MASTER (SH)                              COURT MASTER (NSH)
    
    
    
    
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