ABDUL NASSAR versus STATE OF KERALA & ANR.

Citation: [2025] 2 S.C.R. 1 · Decided: 06-01-2025 · Supreme Court of India · Bench: BHUSHAN RAMKRISHNA GAVAI · Disposal: Dismissed

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Judgment (excerpt)

[2025] 2 S.C.R. 1 : 2025 INSC 35
Abdul Nassar 
v. 
State of Kerala & Anr.
(Criminal Appeal No(s). 1122-1123 of 2018)
07 January 2025
[B.R. Gavai, K.V. Viswanathan and 
Sandeep Mehta,* JJ.]
Issue for Consideration
Whether 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.
Headnotes†
Penal Code, 1860 – ss.302 and 376 – Prosecution case that 
accused had committed forcible and violent sexual assault 
on the child victim and, thereafter, strangled and killed her – 
The trial Court found accused/appellant guilty of the offences 
punishable u/ss.302 and 376 of IPC – Trial Court awarded 
capital punishment to the accused/appellant – The High Court 
confirmed the death reference – Accused filed appeal before 
the Supreme Court – During pendency of the appeals, the 
accused expired  – However, application submitted by the 
legal heirs of the appellant u/s. 394 (2) CrPC for continuation 
of the instant appeals:
Held: The following circumstances stand firmly established from a 
threadbare analysis of the evidence available on record, pointing 
towards the guilt of the accused appellant – The child victim was 
a friend of the daughter of the accused, and they used to go to 
Madrassa together – On the date of incident, the child victim was 
seen with the daughter of the accused  – However, she never 
reached Madrassa – An extensive search was conducted – The 
needle of suspicion pointed towards the house of the accused – 
After many search attempts, PW-12 inspected the bathroom of 
the accused by lighting his torch and found a heap of clothes, 
which was removed by PW-8 and the dead body of the child victim 
* Author
2
[2025] 2 S.C.R.
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was discovered concealed thereunder – Two stones of the septic 
tank inside the house of the accused were also found moved – 
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 – As per the 
postmortem report, a total of 37 ante mortem injuries were found 
on the child victim’s body – The cause of death was opined to be 
manual compressive and ligature constrictive strangulation – As 
per the FSL report, 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 – The DNA report 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 – Other belongings 
of deceased child victim were also recovered – Based on the 
analysis of the evidence on the record, the chain of incriminating 
circumstances required to bring home the guilt of the accused 
is complete in all aspects – In the instant case, 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. [Paras 25, 26, 27]
Evidence – Circumstantial Evidence – Principles that courts 
must adhere to while appreciating and evaluating evidence 
in cases based on circumstantial evidence:
Held: (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 
[2025] 2 S.C.R. 
3
Abdul Nassar v. State of Kerala & Anr.
of the accused and totally inconsistent with his innocence; (iv) 
The judgment must comprehensively elucidate the r

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