The Supreme Court of India has set aside the conviction and death sentence of two men, Putai and Dileep, who were earlier found guilty of the rape and murder of a 12-year-old girl in Lucknow in 2012. The Court observed serious lapses in investigation and evidence handling, ultimately giving the benefit of doubt to the accused.
Case Background
In September 2012, a 12-year-old girl went missing after going out in the evening. The next morning, her body was found in a nearby field, and some personal belongings like chappals, underwear, and a water canister were recovered from the field cultivated by accused Putai. An FIR was filed the same morning, and both accused-Putai and Dileep-were arrested on September 7, 2012.
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The trial court convicted both under Sections 376(2)(g), 201, and 302 of IPC. Putai was given the death penalty, while Dileep received life imprisonment. The High Court later upheld the trial court’s decision and confirmed the death sentence.
The defence argued that the case was based solely on circumstantial evidence, with no direct proof. They highlighted major contradictions in witness statements, planted recoveries, and unreliable DNA reports. Counsel stressed that the supplementary DNA report was never put to the accused during questioning and that the expert who prepared it was not examined in court.
The prosecution maintained that the evidence and witness testimonies clearly pointed towards the accused. They argued that the recovery of personal articles from fields linked to the accused and the conduct of the men after the crime were incriminating.
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The apex court carefully examined the evidence and pointed out several shortcomings:
- The first DNA report was inconclusive, while the second supplementary DNA report was contradictory and not legally proved.
- Forensic procedures were mishandled—key articles like the victim’s clothes were never sent for FSL testing.
- Contradictory witness statements about the recovery of items like the comb linked to Dileep raised doubts.
- The accused’s alleged “suspicious behaviour” was not strong enough to establish guilt.
Quoting the Court:
“The distance between ‘may be proved’ and ‘must be proved’ is small but has to be travelled before the prosecution can seek conviction of the accused in a case based purely on circumstantial evidence.”
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The Court concluded that the chain of evidence was incomplete, and suspicion alone could not be the basis of conviction.
The Supreme Court acquitted both Putai and Dileep, setting aside the judgments of the trial court and the High Court. The Court emphasised that in cases based on circumstantial evidence, strict standards of proof must be maintained.
Case Title: Putai vs. State of Uttar Pradesh
Case No.: Criminal Appeal No(s). 36-37 of 2019 with Criminal Appeal No(s). 154 of 2025
Judgment Date: 2025 (Reported as 2025 INSC 1042)
