Supreme Court Acquits Chennai Man Dashwanth, Who Was Sentenced To Death For Rape-Murder Of 7-Year-Old Girl
The Supreme Court held that the prosecution miserably failed to prove its case.
The Supreme Court today set aside the conviction and death sentence of one Dashwanth, who was accused of the rape and murder of a 7-year old minor girl at Mugalivakkam, Chennai in 2017.Acquitting Dashwanth, the Court ordered his immediate release, if he is not wanted in any other case. The Court held that the prosecution has "miserably faield to prove the vital circumstances."Allowing the...
The Supreme Court today set aside the conviction and death sentence of one Dashwanth, who was accused of the rape and murder of a 7-year old minor girl at Mugalivakkam, Chennai in 2017.
Acquitting Dashwanth, the Court ordered his immediate release, if he is not wanted in any other case. The Court held that the prosecution has "miserably faield to prove the vital circumstances."
Allowing the appeal filed by Daswhant against his conviction and sentence, the Court pronounced:
"We are of the view that the prosecution has miserably failed to prove the vital circumstances, that is, last seen together, suspicious [...] of the appellant captured in the video footage of the CCTV camera, the confessional disclosure statement, the FSL report [...] which constituted the entire edifice of the prosecution case on which the conviction of the appellant was based. The impugned judgment is set aside. The appeal is allowed. The conviction and sentence awarded to the appellant are hereby set aside. Appellant is acquitted. He shall be released from custody forthwith, if not wanted in any other case", the Court ordered.
A bench of Justices Vikram Nath, Sanjay Karol and Sandeep Mehta delivered the verdict. The appellant had challenged a 2018 Madras High Court order which upheld his conviction and confirmed the death sentence awarded by the Trial Court.
The prosecution case was that the victim-girl went missing from her residential building at 6 PM on February 5, 2017. After a frantic search by parents and police, her burnt dead body was found at the dawn of February 8, 2017. The investigation revealed the involvement of Daswanth and he was arrested on the same day.
In 2019, the top Court issued limited notice on the aspect of sentence. Later however, the petitioner sought to amend the prayer clause and the notice was extended to the question of conviction.
The Square Circle Clinic, NALSAR University of Law, provided legal assistance to the appellant.
Case Title: DASHWANTH Versus THE STATE OF TAMIL NADU, Crl.A. No. 3633-3634/2024
Citation : 2025 LiveLaw (SC) 983
Click here to read the judgment