Waris v. State of Madhya Pradesh

Criminal Law — Indian Penal Code, 1860 — Ss. 302 (now BNS 103), 376AB (now BNS 65(2)), 376(2)(f) (now BNS 64), 376(2)(n) (now BNS 64), 201 (now BNS 238) — Protection of Children from Sexual Offences Act, 2012 — Ss. 5, 6, 29, 33(7) — Indian Evidence Act, 1872 — Ss. 6 (now BSA 4), 8 (now BSA 6), 32(1) (now BSA 26), 101 (now BSA 104), 106 (now BSA 109), 134 (now BSA 139), 145 (now BSA 148) — Code of Criminal Procedure, 1973 — Ss. 145 (now BNSS 164), 161 (now BNSS 180), 162 (now BNSS 181), 164 (now BNSS 183), 235(2) (now BNSS 258), 293 (now BNSS 329), 313 (now BNSS 351), 354(3) (now BNSS 393), 366 (now BNSS 407), 367 (now BNSS 408), 391 (now BNSS 432) — Constitution of India — Arts. 20(1), 21.

This 2026 Supreme Court of India judgment affirms the conviction of an appellant for the sexual assault and murder of his six-year-old stepdaughter. The Court validates a curative cross-examination process, ensuring the defendant’s right to a fair trial was preserved after initial procedural deficiencies. Central to the ruling is the credibility of the mother’s testimony, which the justices found reliable despite being the sole eyewitness account from within a domestic setting. The legal analysis emphasizes that medical and forensic evidence sufficiently corroborated the child's disclosures and the cause of death by throttling. Furthermore, the Court applied Section 106 (now BSA 109) of the Evidence Act, noting the appellant failed to provide a plausible explanation for a crime occurring within the privacy of his home. Ultimately, the judgment balances rigorous evidentiary standards with a sensitive understanding of the coercive control often present in cases of domestic abuse.