Supreme CourtCriminal Procedure and EvidenceCriminal Law

Absence of Section 65-B certificate and broken chain of custody render electronic and forensic evidence inadmissible.

Pooranmal v. The State of Rajasthan & Anr. [2026 INSC 217 (Criminal Appeal No. of 2026 arising out of SLP (Crl.) No. 1977 of 2026)]

Absence of Section 65-B certificate and broken chain of custody render electronic and forensic evidence inadmissible.. Pooranmal v. The State of Rajasthan & Anr. [2026 INSC 217 (Criminal Appeal No. of 2026 arising out of SLP (Crl.) No. 1977 of 2026)]. Supreme Court. LawLens
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In brief

The question

1. Whether the circumstantial evidence, specifically the recovery of currency and a blood-stained shirt, was sufficient to establish an unbroken chain of guilt.

The court held

The Supreme Court answered the issues in the negative, holding that the prosecution failed to establish a coherent chain of incriminating circumstances.

It also directed

The Court set aside the judgments of the Trial Court and the High Court, acquitting Pooranmal of all charges.

It ordered his immediate release from custody unless required for another case.

The appeal was allowed.

01Facts

The appellant, Pooranmal, and co-convict Ladu Lal were convicted by the Trial Court for the murder of Ladu Lal’s wife, Aruna, under Sections 302/34 and 201 of the IPC.

pp. 1-2 · ¶ 3

Ladu Lal initially reported a staged dacoity, but investigations led to his arrest; his confession implicated Pooranmal.

¶ 9 · ¶ 10

The prosecution alleged Pooranmal was hired by Ladu Lal, citing three circumstances: frequent phone contact via Call Detail Records (CDRs), recovery of a blood-stained shirt with the victim's blood group (O), and recovery of Rs. 46,000.

¶ 26

The High Court affirmed the conviction in 2018.

¶ 4

Pooranmal, citing poverty and lack of legal aid, appealed to the Supreme Court with a 2,749-day delay, which was condoned.

¶ 5-6

02Issues

i.1. Whether the circumstantial evidence, specifically the recovery of currency and a blood-stained shirt, was sufficient to establish an unbroken chain of guilt.

¶ 28

ii.2. Whether Call Detail Records (CDRs) are admissible in evidence in the absence of a certificate under Section 65-B of the Indian Evidence Act.

¶ 48-49

iii.3. Whether the prosecution proved the safe custody and "chain of custody" of forensic samples to rely on the FSL report.

¶ 43-44

03Law Applied

The Court applied the five-fold "Panchsheel" principles of circumstantial evidence from *Sharad Birdhichand Sarda v. State of Maharashtra*, requiring that circumstances "must" be established and exclude every hypothesis of innocence.

¶ 27

Regarding electronic evidence, it applied Section 65-B of the Evidence Act (Section 63 BSA), following *Anvar P.V. v. P.K. Basheer* and *Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal*, which hold that a Section 65-B(4) certificate is a mandatory condition precedent for admissibility.

¶ 50-51

It also referenced *Allarakha Habib Memon v. State of Gujarat* regarding the insufficiency of blood-group matching in isolation.

¶ 45

Provisions in the judgment · 13 · Linked ones open on LawLens

Indian Penal Code, 1860 Section 302Section 34Section 201Section 460

Bharatiya Nyaya Sanhita, 2023 Section 103Section 3Section 238Section 331

Bharatiya Sakshya Adhiniyam, 2023 Section 109Section 63Section 23

Code of Criminal Procedure, 1973 Section 313

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 351

04Reasoning

The Court found the chain of evidence broken on all fronts.

First, the recovery of currency notes was deemed doubtful due to a discrepancy in the amount recorded (Rs. 46,000) versus the amount counted in court (Rs. 46,145).

¶ 32-33

Second, the recovery of the blood-stained shirt was labelled "highly improbable," as the appellant had ample time to destroy or wash it.

¶ 35

Critically, the "chain of custody" for the shirt was breached; malkhana registers showed samples were returned and redeposited without explanation, rendering the FSL report unreliable.

¶ 42-43

Third, the CDRs—the primary link between the co-accused—were ruled inadmissible because the prosecution failed to provide the mandatory Section 65-B certificate.

¶ 52

The Court concluded that the prosecution relied on conjectures rather than established facts to bridge the "long mental distance" between 'may be' and 'must be' guilty.

¶ 27, 53

05Holding

The Supreme Court answered the issues in the negative, holding that the prosecution failed to establish a coherent chain of incriminating circumstances.

¶ 53

The Court set aside the judgments of the Trial Court and the High Court, acquitting Pooranmal of all charges.

¶ 55

It ordered his immediate release from custody unless required for another case.

¶ 55

The appeal was allowed.

¶ 56
Supreme Court

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Pooranmal v. The State of Rajasthan & Anr. [2026 INSC 217 (Criminal Appeal No. of 2026 arising out of SLP (Crl.) No. 1977 of 2026)]

Supreme Court

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