Oral evidence cannot be ignored due to absence of FSL and DNA reports

The Apex Court in a judgement dated 6 August 2025 noted that the importance of oral evidence cannot be ignored due to absence of FSL and DNA reports. A bench of Justices B.V. Nagarathna and K.V. Viswanathan considered whether the High Court was justified in granting bail to the accused and properly appreciated the legal standard in Section 389 CrPC in Jamnalal vs. The State of Rajasthan

The accused was convicted by the POCSO Court, Karauli in Rajasthan for committing rape on a 14-year old girl. A rigorous 20 years imprisonment and fine was levied. The Rajasthan High Court granted order for bail and suspension of sentence and the appeal for the same was disposed of by the Supreme Court. 

The Court asserted that the lower court order had failed to assess the gravity of the offence. The Supreme Court set aside the High Court’s order for bail and suspension of sentence. The Court reaffirmed that post conviction bail standards are higher and it must be exercised in judicial discipline, especially considering the seriousness of offences. The bench referred to the precedent established in Omprakash Sahni v. Jai Shankar Chaudhary and Another to define the scope of Section 389 CrPc. Should the accused appear entitled to acquittal, he should not be kept too long till the pending appeal. There must not be very apparent or gross on the face of the record and the Court needs to arrive at prima facie satisfaction that the conviction is not desirable. 

Lack of visible injuries and non-availability of FSL report are not credible reasons to disbelieve rape when strong contradictory oral testimony is provided by the prosecutrix. No material contradictions must arise from the oral evidence. While DNA reports are only corroborative; DNA and FSL reports cannot be sole grounds for negation of other credible evidence. 

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Investigations in the Karur Stampede, 2025 transferred to the CBI

In the matter of Special Leave Petitions and Writ Petitions relating to the Karur Stampede, 2025, interim directions were passed by the Supreme Court on 13 October 2025, by a Bench of Justices J.K. Maheshwari and N.V. Anjaria, transferring the investigation of FIR from the Karur Town Police to the Central Bureau of Investigation (CBI), it being held that, given the scale of the tragedy, public doubt over the impartiality of the local police, and the need to restore public confidence, a fair and independent investigation was imperative.

The petitions arose from the stampede at a political rally organized by the Tamilaga Vettri Kazhagam (TVK) in Velusamypuram, Karur District on 27 September 2025, which resulted in 41 deaths and injuries to over 100 persons. Various writ petitions were filed before the Madurai Bench of the Madras High Court seeking CBI investigation, formation of a Special Investigation Team (SIT), compensation for victims, and the framing of Standard Operating Procedures (SOPs) for political rallies and mass gatherings. While the Division Bench at Madurai declined CBI intervention, holding that the local investigation was at a nascent stage and no flaws had been demonstrated, the Single Judge at the Main Seat of Madras High Court suo moto expanded to direct formation of an SIT, despite no specific pleadings or parties being joined, creating multiplicity of proceedings and prima facie procedural irregularity.

The Supreme Court emphasized that powers under Articles 32 and 226 must be exercised cautiously, particularly when directing a central investigation. Referring to precedents such as State of W.B. v. Committee for Protection of Democratic Rights (2010) 3 SCC 517, the Court reiterated that CBI intervention is warranted only in exceptional circumstances where public confidence in a fair investigation is seriously compromised, the allegations have national or wide-reaching implications, or fundamental rights enforcement demands impartial inquiry.

Observing the political undertones of the case, the Supreme Court noted that prior statements by top police officials defending subordinate officers had the potential to undermine public trust in impartiality of the investigation. It held that the families of the deceased and injured had a right to an unbiased and independent probe. Accordingly, as an interim measure, the investigation was transferred to the CBI, with directions to appoint a senior officer and supporting staff, while the previously ordered SIT and State-level Enquiry Commission were to remain suspended pending the central investigation.

Further, the Court set up a three-member Supervisory Committee headed by former Justice Ajay Rastogi (Retd.), assisted by two senior IPS officers not native to Tamil Nadu, to monitor and guide the CBI investigation. The Committee was empowered to review evidence, supervise the investigation, and issue directions to ensure its impartiality, transparency, and timely completion. The State of Tamil Nadu was directed to provide full logistical and financial support to the Committee.

The Court clarified that these interim directions were passed on a prima facie basis and reserved the merits for further orders after the filing of counter affidavits. The petitions relating to framing of SOPs for political rallies were to be assigned to a Division Bench of the High Court for further hearing.

The Bench concluded that in view of the exceptional gravity of the Karur stampede, its ramifications for public confidence in law enforcement, and the fundamental rights of the victims and their families, a fair, impartial, and independent investigation by the CBI under the supervision of the Supervisory Committee was necessary to restore trust in the criminal justice system.

Takeaway: The Supreme Court emphasized that in cases of large-scale tragedies where public trust in local authorities is in doubt, the transfer of investigation to an independent central agency like the CBI is necessary to ensure fairness, impartiality, and public confidence in the justice process.

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