Review of Death Penalty XXXVI

Prakash Nishad was charged for having committed offences punishable under Sections 376, 377, 302 and 201 of The Indian Penal Code, 1860. Trial Court convicted in connection with all offences and imposed Capital Punishment. High Court affirmed. We may point out, it is a case of circumstantial evidence. There are yawning gaps, numerous lapses. Court cannot hold DNA report [Ext.85] to be so dependable as to send someone to gallows. We have not yet reached a juncture where DNA evidence may be said to be infallible [Pattu Rajan v. State of Tamil Nadu, (2019) 4 SCC 771].

Be set at liberty forthwith, if not required in any other case.  

– Hon’ble Justice Sanjay Karol, Prakash Nishad v. State of Maharashtra, [Criminal Appeal Nos. 1636-1637 of 2023].