ABDUL NASSAR versus STATE OF KERALA & ANR.

18. Neither there is any doubt, nor any argument was raised by the learned counsel for the appellant that any of these witnesses bore an animus against the accused so as to influence them for deposing falsely against the accused. All these witnesses are either related to the victim or were residents of the neighbourhood who could not [2025] 2 S.C.R.  Abdul Nassar v. State of Kerala & Anr. have entertained any motive for falsely implicating the accused and that too, for such a heinous offence. The evidence of these witnesses portrays the following sequence of the events: – 18.1 The child victim had proceeded from the house for going to the Madrassa at 6:30 am on 4th April, 2012. She did not reach the Madrasa on which a search was started. 18.2 Since the last location of the child victim was found near the house of the accused, Nazarudheen (PW-2) [the maternal uncle of the deceased] conducted the search near his house which was found locked. 18.3 The search proceedings continued and Nazarudheen (PW-2) again reached near the house of the accused at around 4:00 pm. Even at that time, the house of the accused was locked. 18.4 At around 6:45 pm, Nazarudheen (PW-2) accompanied with certain other persons reached near the house of the accused and the accused was found sitting in the veranda of the house. 18.5 On inquiry being made from the accused about the girl, he replied that he had also gone for search of the child and had reached back to his house only at that time. 18.6 Nazarudheen (PW-2) also searched the shed and the bathroom of the house of the accused. He asked the accused to open the house in order to conduct a search. The accused told him that the key was with his wife, and he would go to fetch it. 18.7 Nazarudheen (PW-2) went to search in the pond which was situated near the house of the accused. He again went near the Madrassa where he met few other members of the search party including Shamsudheen (PW-8). 18.8 The conduct of the accused raised suspicion upon which Nazarudheen (PW-2) along with the other members of the search party [Shamsudheen(PW-8) and Unnikrishnan(PW-12)] came back to the house of the accused which was still locked. 18.9 Unnikrishnan (PW-12) had a torch with him. He lighted the torch and went to the bathroom and in illumination thereof, he found a heap of clothes. He called the other members of the search party. Shamsudheen (PW-8) entered the bathroom 20 and removed the clothes and found the dead body of the child victim lying beneath the clothes. 18.10 A hue and cry was raised, and many people gathered there. The parents of the deceased child were also called. 18.11 The people of the locality caught hold of the accused and he was taken to the hospital where certain injuries were noted on his body. Shamsudheen (PW-8) and Unnikrishnan (PW- 12) also fully supported the version of Nazarudheen (PW-2) in their depositions. 18.12 The dead body of the deceased child was subjected to postmortem at the hands of Dr. P.A. Sheeju (PW-22) who took note of a total of 37 ante-mortem injuries in the postmortem report24. The doctor opined that the victim died due to manual compressive and ligature constrictive strangulation. The injuries on the body and external genitalia were suggestive of forcible vaginal penetrative sex.

19. A holistic view of the evidence of Nazarudheen (PW-2), Shamsudheen (PW-8) and Unnikrishnan (PW-12) would show that their initial attempts to search the house of the accused did not succeed because the same was found to be locked. At that time, these witnesses had also checked inside the bathroom which is just adjacent to the house of the accused. The accused has not denied that this bathroom was a part and parcel of his property.

20. When the initial search of the bathroom was taken, nothing was seen therein. Immediately thereafter, the accused posed to the search party that the key to the lock of his house was with his wife. There was an intervening gap in these two events. After some interregnum, when the witnesses Nazarudheen (PW-2), Shamsudheen (PW-8) and Unnikrishnan (PW-12) went into the bathroom of the accused, they found the dead body of the child lying there. It shows that when the witnesses kept on persevering to search the house of the accused, he tried to parry their attempts. Taking advantage of the gap wherein the witnesses had gone to the Madrassa, he shifted the dead body from inside of the house to the bathroom and that is why the dead body was found lying in the bathroom on second search being made. Exhibit P-15 [2025] 2 S.C.R.  Abdul Nassar v. State of Kerala & Anr.

21. The Investigating Officer (PW-24) apprehended the accused and arrested him. At the time of arrest, the accused was found having injuries which appear to have been caused by the local people before his arrest.

22. The Investigating Officer (PW-24) interrogated the accused and recorded his disclosure statement25 and acting in furtherance thereof, the school bag containing the writing pad and footwear etc. of the victim were recovered. These articles were identified by Suhara(PW-9), the mother of deceased.

23. The summary of the scientific evidence and the carrying of the samples by the police officials for forensic examination are contained in paragraph 13 of the impugned judgment rendered by the High Court and the same is being reproduced hereinbelow for the sake of ready reference:- “13. The investigating officer had also taken steps for conducting scientific evidence by sending about 16 sealed packets to the Forensic Science Laboratory, PW20 had conducted the examination of seminal stain on item Nos.1 to 5, 12 and 13(a) and the same was detected in all those items. The items were a midi skirt M07, a dhoti MO14, a towel and vaginal swab. Blood was also detected on the midi skirt, petticoat, dhoti, a full sleeve shirt, cotton gauze etc. The blood was found to be of human origin. Further, nail cuttings were also examined by PW20. But no foreign tissues were detected. Various other items were sent by PW20 for DNA analysis. Pw21 has conducted a DNA analysis. DNA typing showed that the seminal stains in item Nos. l and 13(a) belonged to the accused. Item No.1 is the midi skirt and item No. 13(a) is the vaginal swab. Item No.16 was the blood sample taken from the accused. It is further reported that the DNA typing showed that the blood stains in items Nos, 5 and 6 and the cells on the nail cuttings in item Nos.17(a) and 17(b) belonged to the accused. Item No.5 is the reddish brown coloured torn single dhoti and item No.6 is the green coloured torn and soiled full sleeve shirt with self-lines. Further DNA typing Exhibit P-23 22 shows that item Nos.1, 7, 8 and 12 and vaginal cells in item No:13(a) belonged to the deceased. Item No.7 is the blood stain collected in cotton gauze from the floor beneath the cot and item No.8 is the blood stain collected in the cotton gauze from the cot. Ext.P14 is the report prepared by PW21.”

24. Though learned counsel for the appellant has vehemently and fervently criticised the link evidence, but after going through the testimony of the Investigating Officer (PW-24), DNA expert (PW 4) Constable Nisha (PW-16) and on an overall appreciation of the evidence of the witnesses mentioned above, we find that the prosecution has given convincing link evidence to establish the safe keeping of the samples right from the time of the seizure till receipt at the forensic laboratory. The accused himself has not claimed that after his arrest, the Investigating Officer (PW-24) tried to collect his sample of the semen. Thus, there was no possibility that the semen containing the DNA of the accused could have been planted on the body of the deceased.

25. The following circumstances stand firmly established from a threadbare analysis of the evidence available on record, pointing towards the guilt of the accused appellant: – (i) The child victim was a friend of the daughter of the accused, and they used to go to Madrassa together. (ii) On the date of incident, the child victim was seen with the daughter of the accused. However, she never reached Madrassa. (iii) When the child victim did not return home, an extensive search was conducted and since, the child victim was last seen with the daughter of the accused, the needle of suspicion pointed towards the house of the accused, more particularly because his house was situated close by the Madrassa. (iv) Nazarudheen (PW-2) tried to repeatedly search the house of the accused along with neighbours and in the efforts to trace out the child victim, the witness found the house of the accused locked in his first and second attempts. (v) During the third search attempt, the witness(PW-2) found the accused sitting in verandah of his house. Upon being asked [2025] 2 S.C.R.  Abdul Nassar v. State of Kerala & Anr. for the permission to search his house, the accused stated that the keys of the house were with his wife, and he would bring it himself. (vi) The witness Nazarudheen (PW-2) during the third attempt, searched the slopping shed and the bathroom adjacent to the house but to no avail whereafter, he went to search the pond near the house of the accused. (vii) After searching the pond, the witness(PW-2) fixed the battery of the torch which he had called from his father, since it was dark and reached near the Madrassa. (viii) In the fourth attempt, witnesses namely, Nazarudheen (PW-2), Shamsudheen (PW-8) and Unnikrishnan (PW-12) got suspicious of the accused’s conduct and resumed the search of the house of the accused and even this time, the house of the accused was locked, and the accused was not present there. PW-12 inspected the bathroom by lighting his torch and found a heap of clothes, which was removed by PW-8 and the dead body of the child victim was discovered concealed thereunder. (viii) Two stones of the septic tank inside the house of the accused were also found moved. (ix) Blood-stained pink colour midiskirt (MO-7), petticoat (MO-8) and black miditop (MO-9) worn by the deceased child victim were identified by her mother(PW-9), recovered by the police officials from the house of the accused and were seized. An underwear(MO11) of the deceased was also found in the kitchen of the house of the accused. (x) Blood stains were found on the cot and floor beneath it. (xi) As per the postmortem report26, a total of 37 ante mortem injuries were found on the child victim’s body along with injuries on the genitalia, suggestive of forcible penetrative sexual assault. The cause of death was opined to be manual compressive and ligature constrictive strangulation. Exhibit P-15 24 (xii) As per the FSL report27, the midiskirt worn by child victim, the dhoti of the accused and cotton gauze collected from the scene of crime contained human spermatozoa and semen. The hair collected from the crime scene matched with the hair of the deceased child victim. (xiii) The DNA report28 clearly proved that the DNA profile of the semen stains found on the midiskirt (MO-7) matched with that of the accused. Further, the blood stains found on the cot and beneath it were that of the deceased child victim. (xiv) The slippers, hard-board writing pad, plastic cover of the writing pad, grey coloured pen and light rose small plastic carry bag belonging to the deceased child victim, as identified by her mother (PW-9), were recovered in furtherance of the voluntary disclosure statement29 of the accused.

26. Based on the analysis of the evidence on the record, we are of the view that the chain of incriminating circumstances required to bring home the guilt of the accused is complete in all aspects. In the present case, we affirm that the prosecution has been able to prove the guilt of the accused appellant by fulfilling the five golden principles (Panchsheel) laid down by this Court in the case of Sharad Birdhichand Sarda (supra) and that the circumstances present before us, taken together establish conclusively only one hypothesis that being the guilt of the accused appellant.

27. In the wake of the discussion made hereinabove, there is no doubt in the mind of the Court that the prosecution has proved by leading clinching and convincing circumstantial evidence that the accused had committed forcible and violent sexual assault on the child victim and, thereafter, strangled and killed her.

28. While we concur with the ultimate conclusions reached by the learned trial Court and the High Court, we cannot overlook the deficiencies in the methodology adopted by both the Courts in the appraisal and analysis of the circumstantial evidence. The manner in which the evidence has been scrutinized lacks the depth and rigor expected, Exhibit P-13 Exhibit P-14 Exhibit P-23 [2025] 2 S.C.R.  Abdul Nassar v. State of Kerala & Anr. raising concerns about the adequacy of the evaluative process undertaken to arrive at the said decisions.

29. The Courts have undertaken an examination of the testimonies of the witnesses but has omitted to delineate the inferences derivable therefrom. Moreover, they failed to expound upon how the prosecution has succeeded in constructing an unbroken chain of circumstances that irrefutably establishes the culpability of the accused to the exclusion of any other hypothesis.

30. We deem it essential to enunciate the principles that courts must adhere to while appreciating and evaluating evidence in cases based on circumstantial evidence, as follows: (i). The testimony of each prosecution and defence witness must be meticulously discussed and analysed. Each witness’s evidence should be assessed in its entirety to ensure no material aspect is overlooked. (ii). Circumstantial evidence is evidence that relies on an inference to connect it to a conclusion of fact. Thus, the reasonable inferences that can be drawn from the testimony of each witness must be explicitly delineated. (iii). Each of the links of incriminating circumstantial evidence should be meticulously examined so as to find out if each one of the circumstances is proved individually and whether collectively taken, they forge an unbroken chain consistent only with the hypothesis of the guilt of the accused and totally inconsistent with his innocence. (iv). The judgment must comprehensively elucidate the rationale for accepting or rejecting specific pieces of evidence, demonstrating how the conclusion was logically derived from the evidence. It should explicitly articulate how each piece of evidence contributes to the overall narrative of guilt. (v). The judgment must reflect that the finding of guilt, if any, has been reached after a proper and careful evaluation of circumstances in order to determine whether they are compatible with any other reasonable hypothesis.

31. Consequently, the appeals lack merit and are hereby dismissed. However, the question of execution of death sentence awarded to 26 the appellant has been rendered otiose, considering the fact that he has passed away. Thus, there remains no question of dealing with the aspect of capital punishment awarded to the appellant(since deceased).

32. Pending application(s), if any, shall stand disposed of. Result of the case: Appeals dismissed. †Headnotes prepared by: Ankit Gyan