[S.313 CrPC] Failure To Put DNA Evidence To Accused Vitiates Trial: P&H High Court Sets Aside Death Sentence In Child Rape-Murder Case

The Punjab & Haryana High Court has held that failure to put material incriminating evidence, including DNA evidence, to the accused under Section 313 CrPC vitiates the fairness of the trial and cannot be sustained. The Court observed that such an omission causes prejudice to the accused as it deprives them of an opportunity to explain crucial circumstances relied upon for conviction.

A division bench of Justices Anoop Chitkara and Sukhvinder Kaur was hearing a murder reference for confirmation of the death sentence, along with appeals filed by the convicts challenging their conviction in a case involving the rape and murder of a 7½-year-old child. The prosecution's case was that the victim was taken by accused Vinod Shah on the pretext of giving her candies, after which both accused allegedly subjected her to sexual assault in a vacant godown and caused her death by strangulation and head injuries. The trial court had convicted both accused under the provisions of the IPC and the POCSO Act and awarded a death sentence, which was placed before the High Court for confirmation.

Upon examining the record, the High Court found serious deficiencies in the manner in which statements of the accused were recorded. It noted that several material circumstances were either incorrectly stated or not stated at all to the accused. In particular, the Court observed that the evidence relating to sexual assault, as spoken to by the doctor conducting the examination, was not properly put to the accused.

The Court further found that the most crucial scientific evidence, namely the DNA report linking blood stains on the clothes of the accused with the victim, was not put to either of the accused during their examination. It observed that despite the trial court relying upon the DNA report for conviction, the accused were not given an opportunity to explain this incriminating circumstance.

“The most important defect is that although the Trial Court had convicted and sentenced the accused/convicts by relying upon the DNA report as apparent in paras 29, 32, and 33 of the judgment, whereas the DNA report Ext PX was never put to any of the accused in a statement under §313 CrPC,” the Court observed.

The Court also noted defects in the framing of questions, including incorrect attribution of facts and putting composite questions instead of separately presenting each incriminating circumstance. It held that merely referring to portions of testimony without clearly identifying the material circumstances does not satisfy the requirement of Section 313 CrPC.

Accordingly, the High Court set aside the judgment of conviction and death sentence and remanded the matter to the trial court to resume proceedings from the stage of recording statements of the accused under Section 313 CrPC (now Section 351 BNSS), after properly putting all incriminating circumstances to them.

Case Title: State of Punjab vs. Vinod Shah & Anr. [MRC-3-2023; CRA-D-716-2023 and CRA-D-659-2023]

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