SUNIL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The challenge in these appeals is against the judgment and order dated 23.07.2013 of the Madhya Pradesh High Court by which the accused appellant has been convicted under Sections 363, 367, 376(2)(f) and 302 of the Indian Penal Code (for short, 'the IPC'). The appellant -accused has been sentenced to suffer different punishments under Sections 363, 367 and 376(2)(f) IPC and has also been sentenced to death by hanging for the offence under section 302 IPC.

(2.) We have perused the order of the learned trial Court and the judgment of the High Court under challenge. We have heard the learned counsels for the parties and have considered the evidence and materials on record including the FSL report.

(3.) At the very outset we deal with the arguments advanced on behalf of the appellant that in the present case the report of DNA testing of the samples of blood and spermatozoa under Section 53A of the Code of Criminal Procedure, 1973 has not been proved by the prosecution. The prosecution has, therefore, failed to prove its case beyond reasonable doubt. Reliance in this regard has been placed on the decision of this Court in Krishan Kumar Malik vs. State of Haryana [(2011) 7 SCC 130].