Chhattisgarh High Court Upholds Conviction Based On DNA Evidence

While displaying zero tolerance for heinous crime of rape and murder of a minor girl, the Chhattisgarh High Court at Bilaspur in a most learned, laudable, landmark, logical and latest judgment titled Bablu Kalmoom vs State of Chhattisgarh in Case No.: CRA No. 614 of 2023 and cited in Neutral Citation No.: 2026:CGHC:16354-DB that was pronounced as recently as on 09.04.2026 has upheld the conviction and life imprisonment of an appellant for the rape and murder of a nine-year-old girl.

It must be noted that while upholding the conviction and life imprisonment of appellant, the Chhattisgarh High Court at Bilaspur has mandated explicitly that scientific evidence in the form of DNA profiling and cogent medical reports can serve as a conclusive basis for conviction even in cases where the “last seen” theory is not firmly established. Objectively speaking, the Division Bench in its head note of judgment asserts absolutely clearly that:
The heinous offence of sexual assault culminating in murder, established through cogent medical evidence and reliable DNA profiling, conclusively proves the guilt of the appellant beyond reasonable doubt, fully satisfying the standard of proof; if such evidence inspires the Court’s confidence, it can serve as the sole basis for conviction.” Very rightly so!

Key Legal Takeaways

• Zero tolerance for heinous crimes like rape and murder of minors.
• DNA profiling and medical evidence can independently establish guilt.
• “Last seen” theory is not mandatory if scientific evidence is conclusive.
• Conviction upheld based on strong forensic and medical findings.

Bench And Proceedings

At the very outset, this robust, rational, remarkable and recent judgment authored by Hon’ble Chief Justice Shri Ramesh Sinha for a Division Bench of the Chhattisgarh High Court at Bilaspur comprising of himself and Hon’ble Justice Shri Ravindra Kumar Agrawal sets the ball in motion by first and foremost putting forth in para 2 that:
Today, though the criminal appeal has been listed for hearing on I.A. No.01, application for suspension of sentence and grant of bail to the appellant, however, with the consent of learned counsel for the parties, the appeal is heard finally as the appellant is in jail since 19.01.2020.”

Needless to say, the Division Bench states in para 3 that:
Accordingly, I.A. No.01, application for suspension of sentence and grant of bail to the appellant, stands disposed of.”

Bench Composition

Case Background And Legal Provisions

To put things in perspective, the Division Bench envisages in para 4 that:
This criminal appeal is filed by the appellants/accused under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) is directed against the impugned judgment of conviction and order of sentence dated 22.12.2022 passed by the learned Additional Sessions Judge (F.T.C.), South Bastar Dantewada (C.G.) in Special Case (POCSO) No.10/2020, whereby the appellant/accused have been convicted for the offence punishable under Section 302 of the Indian Penal Code, 1860 (for short, ‘IPC’) and sentenced to undergo imprisonment for life and fine of Rs.2,000/-, in default of payment of fine amount, additional rigorous imprisonment for one year as well as under Section 376 (AB) of the IPC and 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, ‘POCSO Act’) and sentenced to undergo imprisonment for life till natural death and fine of Rs.2,000/-, in default of payment of fine amount, additional rigorous imprisonment for one year, respectively, and it is directed that both the sentences were run concurrently.”

Applicable Laws

• Section 302 – Indian Penal Code, 1860 (Murder)
• Section 376 (AB) – Indian Penal Code, 1860 (Rape of minor)
• Section 6 – Protection of Children from Sexual Offences Act, 2012
• Section 374(2) – Code of Criminal Procedure, 1973

Prosecution Case Summary

While elaborating on the prosecution case, the Division Bench observes in para 5 that:
The prosecution case, as emerging from the record, is that on 13.01.2020, the deceased, a minor girl, had proceeded towards the market. At that point of time, her grandmother, examined as PW-08, objected to her going alone and attempted to restrain her. It is the case of the prosecution that the accused intervened and assured the grandmother that he would accompany the deceased to the market and safely bring her back home. Acting upon such assurance, the deceased was permitted to go along with the accused. However, thereafter, the deceased went missing, and subsequently, information was received regarding the recovery of a dead body. Upon reaching the spot, the relatives of the deceased, including PW-07 and PW-13, identified the body as that of the missing girl.”

Timeline Of Events

Identification Of Dead Body In Circumstantial Evidence

Be it noted, the Division Bench notes in para 40 that:
In the present case, the first and foremost circumstance pertains to the identification of the dead body, which assumes considerable significance in a case resting entirely on circumstantial evidence. The prosecution, in order to discharge its burden, has led cogent and consistent evidence to establish beyond doubt that the body recovered from the spot was that of the victim. In this regard, PW-07, the maternal grandfather of the victim, has categorically deposed that upon receiving information about the recovery of a dead body, he immediately proceeded to the place of occurrence and identified the body as that of his granddaughter. His testimony is natural, trustworthy, and inspires confidence, particularly as he is a close relative who would be in a position to recognize the victim.”

Corroboration By Independent Witness

Do note, the Division Bench notes in para 41 that:
The testimony of PW-07 finds substantial corroboration from the evidence of PW-10 Chinnaram Telam, who has clearly stated that the grandfather of the victim had identified the dead body at the spot itself. This independent corroboration lends further assurance to the version put forth by PW-07 and rules out any possibility of mistaken identity. Both these witnesses have remained consistent in their statements, and nothing material has been elicited during their cross-examination to cast any doubt upon their credibility or to discredit their version.”

Medical Evidence And Identification Process

Do further note, the Division Bench then notes in para 42 that:
Further strengthening the prosecution case is the testimony of PW-19 Dr. B. Suri Babu, who was associated with the post-mortem examination of the deceased. He has deposed that the identification of the body was carried out by the relatives of the victim on the basis of the clothes found on the body, namely the school uniform and undergarment. This medical witness, being an independent and expert witness, lends an added layer of reliability to the identification process. His testimony clearly establishes that the identification was not a casual or speculative exercise, but was based on recognizable and specific features.”

Documentary Evidence And Photographic Proof

Further, the Division Bench then notes in para 43 that:
In addition to the oral evidence, the prosecution has also relied upon documentary and material evidence in the form of photographic proof. The photographs of the deceased, exhibited as Ex.P/54, have been duly proved on record and corroborate the oral testimony of the witnesses. The said exhibit provides visual confirmation of the identity of the deceased and supports the prosecution version that the body recovered was indeed that of the victim. Notably, the defence has not raised any substantial challenge to the authenticity or admissibility of this exhibit.”

Defence Stand On Identity Of Deceased

Furthermore, the Division Bench then specifies in para 44 stating that:
It is also pertinent to note that the defence has not seriously disputed the identity of the dead body during the course of trial. Though an attempt was made in cross-examination to suggest that the body was in a decomposed condition, no suggestion was put forth that the body was unidentifiable or that the identification made by the relatives was erroneous. In the absence of any such challenge, the version of the prosecution witnesses remains unshaken and continues to hold the field.”

Court Findings On Identity Of Deceased

To be sure, the Division Bench then observes in para 45 that:
Thus, upon a comprehensive appreciation of the oral as well as documentary evidence, this Court finds that the prosecution has successfully established the identity of the deceased beyond reasonable doubt. The consistent and corroborative testimonies of PW-07, PW-10, and PW-19, read with Exhibit P/54, form a complete and reliable chain in this regard, leaving no scope for any doubt that the dead body recovered was that of the victim.”

Extra-Judicial Confession As Incriminating Circumstance

As we see, the Division Bench then points out in para 52 that:
However, the prosecution has placed considerable reliance upon the extra-judicial confession allegedly made by the appellant, treating the same as a vital incriminating circumstance. In this regard, PW-18 Sunil Kudiyam has deposed that the appellant, in the presence of villagers, voluntarily confessed that he had committed the offence in question. According to this witness, the confession was not extracted under any coercion or inducement but was made voluntarily by the appellant, thereby lending a degree of authenticity to such statement.”

Key Evidence Summary

• PW-07 (maternal grandfather) identified the dead body.
• PW-10 corroborated the identification at the spot.
• PW-19 (doctor) confirmed identification through clothing.
• Photographic evidence (Ex.P/54) supported oral testimony.
• Defence did not seriously dispute identity.
• Extra-judicial confession by appellant noted.

Evidence Correlation Table

Extra-Judicial Confession Principles

Frankly speaking, the Division Bench propounds in para 53 holding briefly that:
The law relating to extra-judicial confession is fairly well settled. It is trite that an extra-judicial confession is a weak piece of evidence and ordinarily requires cautious scrutiny. However, it is equally well established that if such a confession is found to be voluntary, truthful, and made in a fit state of mind, and if it inspires confidence of the Court, it can be relied upon and may even form the basis of conviction without the need for further corroboration.

At the same time, the Court must be satisfied that the witness before whom the confession is alleged to have been made is trustworthy and that the surrounding circumstances do not cast any doubt on the genuineness of the confession. In the present case, the testimony of PW-18 Sunil Kudiyam assumes significance.

A careful reading of his deposition reveals that he has consistently stated about the appellant having confessed his guilt before the villagers. His testimony has remained unshaken during the course of cross-examination, and nothing substantial has been elicited to discredit his version or to suggest that he is deposing falsely. There are no material contradictions or omissions which would render his testimony unreliable or unworthy of credence.”

Key Legal Principles Highlighted

• Extra-judicial confession is considered a weak piece of evidence.
• Requires cautious judicial scrutiny.
• Can be relied upon if:
  • Voluntary
  • Truthful
  • Made in a fit state of mind
  • Inspires confidence of the Court
• Witness credibility is essential.
• Surrounding circumstances must support genuineness.

Role of PW-18 Sunil Kudiyam

• Consistently testified about the appellant’s confession.
• Testimony remained unshaken during cross-examination.
• No material contradictions or omissions found.
• No evidence suggesting false deposition.

Credibility of Witness and Confession

It is worth noting that the Bench notes in para 54 that:
It is also noteworthy that there appears to be no apparent reason or motive for PW-18 to falsely implicate the appellant. In the absence of any animosity, enmity, or ulterior motive being attributed to the said witness, his testimony gains further credence. The prosecution has thus succeeded in establishing that the extra-judicial confession was made voluntarily and was not the result of any external pressure or influence. Moreover, the fact that the confession was allegedly made in the presence of villagers lends an additional layer of credibility, as it reduces the possibility of fabrication or concoction. The natural conduct of the witness, coupled with the absence of any inherent improbability in his version, strengthens the prosecution case on this aspect.”

Factors Strengthening Credibility

• No motive for false implication.
• Absence of animosity or enmity.
• Confession made voluntarily.
• No external pressure or influence.
• Presence of villagers reduces chances of fabrication.
• Natural conduct of witness.
• No inherent improbability in testimony.

Judicial Conclusion on Confession

As a corollary, the Division Bench then holds in para 55 that:
Therefore, upon an overall appreciation of the evidence of PW-18 and the settled principles governing extra-judicial confession, this Court is of the considered view that the said confession constitutes a relevant and significant incriminating circumstance against the appellant. The same, having been found to be voluntary and trustworthy, can be safely relied upon and forms an important link in the chain of circumstances sought to be established by the prosecution.”

Summary of Court Findings

Importance of DNA Evidence

It would be instructive to note that the Division Bench notes in para 56 that:
The most crucial and determinative piece of evidence in the present case is the scientific evidence in the form of DNA profiling, which assumes great evidentiary value, particularly in cases involving offences of sexual assault. The prosecution has meticulously established the chain of custody and the manner in which the biological and material exhibits were collected, preserved, and forwarded for forensic examination. PW-16 R.N. Gautam, the Investigating Officer, has categorically deposed that during the course of investigation, he seized various incriminating articles from the spot, including the undergarment of the victim, blood-stained soil, plain soil, and cotton swabs containing suspected biological material.

The said seizure was effected in the presence of witnesses and duly documented vide seizure memo Ex.P/33. The testimony of PW-16 further reflects that due care was taken to ensure that the seized articles were properly sealed and labeled so as to avoid any possibility of tampering.”

Key Elements of Forensic Evidence

• DNA profiling as crucial scientific evidence.
• High evidentiary value in sexual assault cases.
• Proper chain of custody maintained.
• Systematic collection and preservation of exhibits.
• Seizure included:
  • Undergarment of the victim
  • Blood-stained soil
  • Plain soil
  • Cotton swabs with biological material
• Seizure documented via memo Ex.P/33.
• Articles properly sealed and labeled to prevent tampering.

DNA Evidence and Medical Findings Analysis :contentReference[oaicite:0]{index=0}

Para 57 – Medical Evidence Collection

As things stands, the Division Bench lays bare in para 57 holding that:
The medical evidence also lends substantial support to the prosecution case. PW-17 Dr. Deepika Sinha, who conducted or assisted in the post-mortem examination, has deposed that biological samples of the victim, including vaginal swabs and slides, were collected during the post-mortem and preserved in accordance with established medical and forensic protocols. Her testimony inspires confidence and demonstrates that the samples were collected in a scientific manner, maintaining their integrity for subsequent forensic analysis. Furthermore, the accused was also subjected to medical examination, during which his blood sample was collected for the purpose of DNA profiling, thereby completing the necessary procedure for comparative analysis.”

Para 58 – DNA Matching Evidence

It cannot be lost sight of that the Division Bench points out in para 58 that:
The prosecution has further established that all the seized articles and biological samples were duly forwarded to the Forensic Science Laboratory for examination. The reports received from the said laboratory have been brought on record and exhibited as Ex.P/51 and Ex.P/52. A careful perusal of these reports reveals that the DNA profile generated from the vaginal swab and other biological samples of the victim matches with the DNA profile of the appellant. The matching of DNA profiles is a highly reliable form of scientific evidence, which, when properly collected and analyzed, provides near-conclusive proof of the involvement of an individual in the commission of the offence.”

Para 59 – Reliability of DNA Evidence

• DNA evidence is based on scientific principles
• High degree of accuracy and reliability
• No procedural lapses established
• No evidence of tampering or contamination

Plainly speaking, the Division Bench states in para 59 that:
It is well settled that DNA evidence, being based on scientific principles, carries a high degree of accuracy and reliability, and in the absence of any procedural lapses or credible challenge to its authenticity, the same can be safely relied upon by the Court. In the present case, the defence has not been able to demonstrate any infirmity in the manner of collection, preservation, or analysis of the samples. No suggestion of tampering, contamination, or break in the chain of custody has been substantiated. The cross-examination of PW-16 and PW-17 does not disclose any material contradiction or discrepancy that would cast doubt on the prosecution version in this regard.”

Para 60 – Evidentiary Value of DNA Reports

Quite significantly, the Division Bench points out in para 60 that:
The evidentiary value of the DNA report, as reflected in Ex.P/51 and Ex.P/52, is of sterling quality and stands unshaken. The conclusive matching of the DNA profile of the appellant with the biological material obtained from the victim establishes a direct and unimpeachable link between the appellant and the offence of sexual assault. This scientific evidence effectively rules out any hypothesis of false implication or mistaken identity, thereby strongly corroborating the prosecution case.”

Para 61 – Cornerstone Finding

Most significantly and resultantly, the Division Bench encapsulates in para 61 what constitutes the cornerstone of this notable judgment postulating precisely that:
In view of the aforesaid, this Court is of the considered opinion that the DNA profiling evidence constitutes a vital and clinching circumstance in the chain of evidence. It not only establishes the presence and involvement of the appellant but also lends strong corroboration to other circumstances relied upon by the prosecution. The same, therefore, forms a complete and unbroken link pointing unerringly towards the guilt of the appellant.”

Para 62 – Post-Mortem Report Analysis

• Ex.P/29 confirms injuries
• Injuries consistent with forcible sexual assault
• Genital injuries indicate violence prior to death

Equally significant is that the Division Bench then points out in para 62 that:
Apart from the aforesaid incriminating circumstances, the medical evidence on record also lends substantial assurance to the prosecution case and provides an independent corroborative foundation to the allegations levelled against the appellant. The post-mortem report, which has been duly exhibited as Ex.P/29, assumes considerable significance in this regard.

The said report, prepared by the competent medical officer after a thorough examination of the body of the victim, clearly records that the victim had sustained injuries which are consistent with forcible sexual assault. The nature, location, and extent of the injuries noted in the genital region, as reflected in Ex.P/29, unmistakably indicate that the victim was subjected to violence of a sexual nature prior to her death.”

Para 63 – Medical Testimony Validation

No less significant is that the Division Bench then underscores in para 63 holding that:
The testimony of the medical witness, who proved the post-mortem report, further reinforces the findings recorded therein. The doctor has categorically opined that the injuries found on the person of the victim could not have been self-inflicted or accidental, and are indicative of the use of force.

The presence of such injuries, coupled with the recovery of biological samples from the relevant parts of the body, strongly supports the prosecution version that the victim was subjected to sexual assault. The defence has not been able to elicit anything in the cross-examination of the medical witness so as to discredit the medical findings regarding the correctness of the opinion rendered.”

Division Bench Findings on Medical Evidence (Para 64)

What’s more, the Division Bench lays bare in para 64 mentioning that, “Furthermore, the post-mortem report Ex.P/29 clearly opines that the cause of death was asphyxia resulting from strangulation, and the nature of death has been categorically described as homicidal. The ligature marks and other corresponding internal findings noted during the autopsy substantiate the conclusion that external force was applied to the neck of the victim, leading to cessation of respiration. The medical opinion in this regard is definite and leaves no room for ambiguity or alternate interpretation. The homicidal nature of death, thus established through medical evidence, completely rules out any possibility of accidental or natural death.”

Key Medical Findings Summary

• Cause of death: Asphyxia due to strangulation
• Nature of death: Homicidal
• Evidence: Ligature marks and internal autopsy findings
• Conclusion: No possibility of accidental or natural death

Chain of Circumstances Established (Para 70)

Most forthrightly, the Division Bench points out in para 70 that, “When all these circumstances, namely (i) the established identity of the victim, (ii) recovery and seizure of incriminating articles, (iii) the extra-judicial confession of the appellant, and (iv) the conclusive DNA evidence, are taken together and appreciated in their cumulative effect, they form a coherent, consistent, and unbroken chain of circumstances. The said chain is so complete that it leaves no reasonable ground for a conclusion consistent with the innocence of the appellant and points unerringly towards his guilt. Accordingly, this Court is of the considered view that the prosecution has succeeded in proving its case beyond reasonable doubt, notwithstanding the failure to firmly establish the “last seen” circumstance.”

Circumstantial Evidence Breakdown

Trial Court Evaluation Upheld (Para 76)

Most rationally, the Division Bench observes in para 76 that, “The learned Trial Court has meticulously examined both the oral and documentary evidence brought on record and has recorded well-reasoned and detailed findings while holding the appellant guilty of the offences punishable under Sections 376(AB) and 302 of the IPC as well as Section 6 of the POCSO Act. Upon an independent re-appreciation of the entire evidence, this Court finds that the conclusions arrived at by the Trial Court are based on proper appreciation of evidence and settled principles of law governing cases based on circumstantial evidence. No material contradiction, perversity, or illegality has been pointed out by the defence which would warrant interference by this Court in exercise of its appellate jurisdiction.”

Court Observations Summary

• Thorough examination of oral and documentary evidence
• Findings are well-reasoned and detailed
• No contradictions or legal errors identified
• Appellate interference not warranted

Final Conviction Upheld (Para 77)

In view of the aforesaid, the Division Bench directs and holds in para 77 that, “Consequently, this Court is of the considered view that the prosecution has successfully established beyond reasonable doubt in convicting the appellant for the offences punishable under Sections 302, 376 (AB) of the IPC and Section 6 of the POCSO Act and sentenced him as aforesaid in Section 302 of the IPC and Section 6 of the POCSO Act. The chain of circumstances is complete and incapable of any reasonable explanation other than the guilt of the appellant.”

Custody Status of Appellant (Para 78)

It would be worthwhile to note that the Division Bench notes in para 78 that, “It is stated at the Bar that the appellant is reported to be in custody since 19.01.20220, he shall serve out the sentence as ordered by the learned Trial Court.”

Right to Appeal Communicated (Para 79)

Still more, the Division Bench then directs and holds in para 79 that, “Registry is directed to send a copy of this judgment to the concerned Superintendent of Jail where the appellant is undergoing his jail sentence to serve the same on the appellant informing him that he is at liberty to assail the present judgment passed by this Court by preferring an appeal before the Hon’ble Supreme Court with the assistance of High Court Legal Services Committee or the Supreme Court Legal Services Committee.”

Legal Rights of the Appellant

• Right to appeal before the Hon’ble Supreme Court
• Assistance available from:
  • High Court Legal Services Committee
  • Supreme Court Legal Services Committee

Final Directions for Compliance (Para 80)

Finally, the Division Bench then concludes by directing and holding in para 80 that, “Let a certified copy of this judgment along with the original record be transmitted to the trial court concerned forthwith for necessary information and compliance.”

Sanjeev Sirohi, Advocate,
s/o Col (Retd) BPS Sirohi, A 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut – 250001, Uttar Pradesh.