In a landmark judgment that underscores the primacy of proof beyond reasonable doubt over moral convictions, the Supreme Court of India has acquitted Dashwanth, who was sentenced to death by lower courts for the kidnapping, sexual assault, and murder of a seven-year-old girl in Tamil Nadu. The apex court, in its ruling dated October 8, 2025, set aside the convictions under various IPC and POCSO Act sections, criticizing the trial court and Madras High Court for overlooking patent infirmities in the prosecution’s circumstantial evidence. The decision highlights judicial caution in capital cases, stating that societal distress cannot justify convictions based on conjectures.
The tragic incident occurred on February 5, 2017, in Mangadu, Chennai. The victim, daughter of C.S.D. Babu (PW-1) and Sridevi (PW-2), went missing around 7:15 p.m. while her parents were shopping. A neighborhood search, including participation by Dashwanth (a neighbor), yielded no results. Babu lodged a missing person’s complaint at Mangadu Police Station at 10:00 p.m., leading to a case registration. CCTV footage from a nearby temple showed suspicious movements, and the child’s body was later recovered from a lake on February 6, 2017, with signs of assault and drowning.
Dashwanth was arrested on February 7, 2017, based on circumstantial evidence: last seen theory (supported by witnesses like PW-3 and PW-4), CCTV footage, his confessional statement leading to recoveries (victim’s clothes, slippers, and blood-stained items), and FSL reports matching DNA from semen on the victim’s clothing to the accused. The postmortem confirmed sexual assault, multiple injuries, and death by drowning.
The Sessions Judge, Mahila Court, Chengalpet, in Special Sessions Case No. 33 of 2017, convicted Dashwanth on February 19, 2018, under Sections 363 (7 years), 366 (10 years), 354-B (7 years), 201 (7 years), 302 (death) IPC, and POCSO Sections 6 r/w 5(m) (10 years), 8 r/w 7 (5 years). The Madras High Court, in Criminal Appeal No. 234 of 2018 and Referred Trial No. 1 of 2018, confirmed the death sentence on July 10, 2018.
The Supreme Court, hearing Criminal Appeal Nos. 3633-3634 of 2024, meticulously analyzed the evidence. A three-judge bench comprising Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta found critical lapses:
- Last Seen Theory: Witnesses PW-3 (victim’s playmate) and PW-4 (neighbor) were unreliable; PW-3’s testimony was tutored, and PW-4 turned hostile. No credible link established between the accused and victim post-6:30 p.m.
- CCTV Footage: Quality was poor; identification of the accused carrying a “gunny bag” was speculative, not corroborated by forensic evidence.
- Confessional/Disclosure Statement: Recorded under suspicious circumstances without independent witnesses; recoveries (MO-1 to MO-10) not proven to be solely from accused’s knowledge.
- FSL and DNA Reports: Chain of custody broken; samples mishandled, no proper sealing or timely examination. DNA match deemed unreliable due to contamination risks.
The court emphasized that while the crime was heinous, the legal framework demands rigorous proof. It noted societal anguish but affirmed that courts cannot yield to public sentiment. The prosecution’s failure to prove these vital circumstances beyond doubt led to the acquittal.
This verdict may spark debates on investigative standards in child crimes and reinforces the “innocent until proven guilty” principle. Dashwanth, in custody since 2017, is to be released forthwith if not required in other cases.
Case Details:
- Case Title: Dashwanth vs. State of Tamil Nadu
- Citation: 2025 INSC 1203
- Court: Supreme Court of India (Criminal Appellate Jurisdiction)
- Appeal Numbers: Criminal Appeal Nos. 3633-3634 of 2024
- Judges: Justice Vikram Nath, Justice Sanjay Karol, and Justice Sandeep Mehta
- Date of Judgment: October 8, 2025
- Original Incident Date: February 5, 2017
- Offences: Sections 363, 366, 354-B, 302, 201 IPC; Sections 6 r/w 5(m), 8 r/w 7 POCSO Act, 2012
- Trial Court: Conviction and death sentence in Special Sessions Case No. 33 of 2017 (dated February 19, 2018)
- High Court: Confirmation in Criminal Appeal No. 234 of 2018 and Referred Trial No. 1 of 2018 (dated July 10, 2018)
- Outcome: Appeals allowed; appellant acquitted of all charges.
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