Bilaspur – The High Court of Chhattisgarh has upheld the conviction and life sentence of a man accused of raping and murdering a minor girl in Bijapur district, finding that DNA evidence and other circumstances conclusively established his guilt beyond reasonable doubt.
The division bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal dismissed the criminal appeal filed by Bablu Kalmoom, affirming the trial court’s 2022 judgment that convicted him under Sections 302 and 376(AB) of the Indian Penal Code, along with Section 6 of the Protection of Children from Sexual Offences Act (POCSO Act).
The case stemmed from a January 2020 incident in which a minor girl left home for a market after the accused assured her grandmother he would accompany her safely. The girl later went missing, and her body was subsequently recovered and identified by family members.
Following investigation, police collected biological samples, clothing, and other materials from the crime scene and the accused. Medical examination confirmed that the victim had been sexually assaulted and strangled, establishing the homicidal nature of the death.
Before the High Court, the defence argued that the conviction was unsustainable as the case relied entirely on circumstantial evidence, with no eyewitnesses. It also questioned the reliance on DNA profiling, claiming gaps in the chain of custody and lack of corroboration.
The State, however, maintained that the prosecution had established a complete chain of circumstances, including medical findings, recovery of incriminating material, and scientific evidence linking the accused to the crime.
The High Court acknowledged that the “last seen” theory was not conclusively proved, as several witnesses turned hostile. However, it held that this did not weaken the prosecution’s case in light of other strong evidence.
A key factor in the judgment was the DNA profiling report, which matched biological samples recovered from the victim with those of the accused. The Court described this scientific evidence as “clinching” and of high evidentiary value, noting that the defence failed to show any tampering or procedural lapse.
The Court also relied on an extra-judicial confession made by the accused before villagers, finding it voluntary and credible. Combined with medical evidence confirming sexual assault and strangulation, and properly seized forensic material, the Court held that the chain of circumstances was complete and pointed only to the guilt of the accused.
Importantly, the Court reaffirmed that in cases based on circumstantial evidence, conviction can be sustained if the chain is complete and consistent with guilt alone. It also emphasized that reliable DNA evidence can serve as a decisive factor in establishing involvement in sexual offences.
Finding no illegality or perversity in the trial court’s reasoning, the High Court dismissed the appeal and directed that the accused continue serving his sentence.
Case Title – Bablu Kalmoom vs State of Chhattisgarh