IRFAN ALIAS BHAYU MEVATI versus STATE OF MADHYA PRADESH

Citation: [2025] 1 S.C.R. 1691 · Decided: 16-01-2025 · Supreme Court of India · Bench: VIKRAM NATH · Disposal: Appeal(s) allowed
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Judgment (excerpt)

[2025] 1 S.C.R. 1691 : 2025 INSC 150
Irfan Alias Bhayu Mevati 
v. 
State of Madhya Pradesh
(Criminal Appeal No(s).1667-1668 of 2021)
16 January 2025
[Vikram Nath, Sanjay Karol and Sandeep Mehta,* JJ.]
Issue for Consideration
In a case where the trial court relied upon the DNA report, whether 
the non-examination of the scientific experts involved in the process 
of conducting DNA profiling examination and issuing the report, 
led to the failure of justice vitiating the trial wherein the appellants 
were awarded capital punishment.
Headnotes†
Evidence – DNA profiling report – Non-examination of scientific 
witnesses – Right of the accused to seek examination 
of scientific experts/expert witnesses – Criminal Law 
(Amendment) Ordinance, 2018 – s.376(DB) – Penal Code, 
1860 – ss.363, 366A, 376(2)(m), 307 – Protection of Children 
from Sexual Offences Act, 2012 – ss.5(g), 5(j)(iii)(m), 5(r) r/w 
s.6 – Appellants were awarded capital punishment by the 
Trial Court – Death penalty confirmed by High Court – Non-
examination of the scientific experts involved in the process 
of conducting DNA profiling examination and issuing the 
report, though the trial court relied upon the DNA report, if 
led to the failure of justice:
Held: Yes – Appellants were awarded capital punishment and thus, 
they must be provided a fair opportunity to defend themselves – 
The DNA profiling report (Exhibit-157) is a document on which 
the entire fulcrum of the prosecution case is based – Admittedly, 
it was formally exhibited by the Superintendent of Police (PW-31) 
in his evidence – However, none of the scientific experts involved 
in the process of conducting the DNA profiling examination and 
issuing the report were examined by the prosecution – The trial 
* Author
1692
[2025] 1 S.C.R.
Supreme Court Reports
was concluded in undue haste within less than two months from the 
date of registration of the case and without providing appropriate 
opportunity of defending to the accused – Failure of the trial Court 
to ensure the deposition of the scientific experts while relying 
upon the DNA report, has led to the failure of justice vitiating the 
trial – Orders of the courts below quashed and set aside – Case 
remanded to the Trial Court for summoning of the scientific experts 
associated with the preparation and issuance of the DNA report 
with the entire supporting material, directions issued – Code of 
Criminal Procedure, 1973 – ss.366, 391 – Constitution of India – 
Article 142. [Paras 22, 23, 29, 30]
Case Law Cited
Anokhilal v. State of Madhya Pradesh [2019] 18 SCR 1196 : (2019) 
20 SCC 196 – relied on.
Rahul v. State of Delhi, Ministry of Home Affairs [2022] 9 SCR 
1129  : (2023) 1 SCC 83; Zahira Habibulla H. Sheikh v. State 
of Gujarat [2004] 3 SCR 1050 : (2004) 4 SCC 158; Naveen @ 
Ajay v. State of Madhya Pradesh [2023] 14 SCR 977 : (2023) 
SCC OnLine SC 1365 – referred to.
List of Acts
Penal Code, 1860; Code of Criminal Procedure, 1973; Criminal 
Law (Amendment) Ordinance, 2018; Protection of Children from 
Sexual Offences Act, 2012; Constitution of India.
List of Keywords
Non-examination of scientific witnesses; Scientific experts; 
Scientific officers; DNA profiling report; Right of the accused to 
seek examination of the scientific experts; Capital punishment; 
Death penalty; Child victim; Forcible sexual assault; Appropriate 
opportunity of defending to the accused not provided; Proper 
opportunity to defend; Fair opportunity to defend; Failure of 
justice; Grave prejudice; Testimony of the scientific experts; 
Sexual intercourse; Serious assault; Confirmation of death 
penalty; Laboratory documents; Miscarriage of justice; Remand; 
Summoning of the scientific experts; Undue haste; Section 366 of 
Code of Criminal Procedure, 1973; Section 391 of Code of Criminal 
Procedure, 1973; Article 142 of Constitution of India.
[2025] 1 S.C.R. 
1693
Irfan Alias Bhayu Mevati v. State of Madhya Pradesh
Case Arising From
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No(s). 
1667-1668 of 2021
From the Judgment and Order dated 09.09.2021 of the High Court 
of M.P. at Indore in CRA No. 7215 of 2018 and CRRFC No. 14 
of 2018
With
Criminal Appeal No. 220 of 2022
Appearances for Parties
Advs. for the Appellant:
Siddharth Aggarwal, Gopal Sankaranarayanan, Sr. Advs.,  
Ms. Shreya Rastogi, Ms. Sakshi Jain, Vishwajeet Bhati, Karan 
Dhalla, Mangesh Naik, Mohd. Irshad Hanif, Arvind Kumar Shukla, 
Ms. Reetu Sharma, H .R. Khan, Nihal Ahmad, Tushar Swami, 
Ku
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