DNA Evidence and "Last Seen" Theory Found Unreliable; Death Sentence Overturned
In a landmark judgment delivered on December 23, 2025, the Gujarat High Court acquitted Tukna Budhiya Das, overturning the conviction and death sentence previously imposed by the Surat Sessions Court for the alleged murder and rape of his minor daughter. The bench, comprising Justice Ilesh J. Vora and Justice R.T. Vachhani, found significant procedural lapses and gaps in the evidence presented by the prosecution, particularly concerning the DNA profiling and the "last seen together" theory.
The prosecution's case was primarily built on circumstantial evidence, including a DNA report claiming Das as the biological father of the deceased's unborn child, and witness testimony that Das was last seen with the victim before her death. However, the High Court criticized the investigation for failing to establish a complete chain of evidence beyond reasonable doubt. The DNA evidence, which played a crucial role in the initial conviction, was deemed unreliable due to procedural lapses such as delays in sample collection and submission to the Forensic Science Laboratory (FSL), as well as inadequate preservation measures, raising concerns about potential contamination.
The judgment emphasized the importance of maintaining the integrity of DNA evidence, referencing Supreme Court guidelines on the necessity for proper documentation, preservation, and timely submission to forensic labs. The court noted that the prosecution failed to provide adequate explanations for the delays in handling the DNA samples, undermining their reliability.
Moreover, the testimony from the witness who allegedly saw Das with the victim was found weak and uncorroborated. The court highlighted the lack of a proper identification parade and the absence of key witnesses, such as the victim's mother and brother, whose testimonies could have provided critical insights into the circumstances leading up to the crime.
In delivering the judgment, the High Court reiterated the foundational principles of criminal jurisprudence, emphasizing that the burden of proof rests with the prosecution, and mere suspicion cannot substitute for legal proof. The court stressed that circumstantial evidence must form a complete chain pointing unerringly to the guilt of the accused, which was not achieved in this case.
The acquittal of Tukna Budhiya Das underscores the judiciary's commitment to upholding legal standards and ensuring justice is served, even in cases involving heinous crimes. The judgment serves as a reminder of the critical role of procedural integrity and thorough investigation in the judicial process.
The court ordered the immediate release of Das from custody, unless required for other legal matters, and dismissed the confirmation case for the death sentence. This judgment is expected to have significant implications for future cases relying on circumstantial evidence, particularly in the context of DNA profiling and witness testimony.
Bottom Line:
Conviction based on circumstantial evidence requires a complete chain of incriminating circumstances pointing unerringly towards the guilt of the accused; the evidence of DNA profiling and "last seen together" cannot solely establish guilt if procedural lapses and unexplained gaps raise doubts on reliability.
Statutory provision(s): Indian Penal Code, 1860 - Sections 302, 376(2)(i)(n), 315; Protection of Children from Sexual Offences Act, 2012 - Sections 4, 5(j)(ii)(n), 6
State of Gujarat v. Tukna Budhiya Das, (Gujarat)(DB) : Law Finder Doc Id # 2827228
