DNA Profiling as “Sterling Evidence”: Chhattisgarh HC Division Bench Relies on Scientific Evidence to Bridge Gaps in “Last Seen” Theory

News Citation : 2026 LN (HC) 241 | 2026:CGHC:16354-DB

April 9, 2026 : The High Court of Chhattisgarh at Bilaspur has dismissed an appeal filed by Bablu Kalmoom, affirming his conviction and life sentence for the brutal sexual assault and murder of a nine-year-old girl in 2020. The Division Bench, led by Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal, ruled that while certain elements of the prosecution’s case were weak, the scientific evidence provided an “unimpeachable” link to the crime.

The harrowing incident dates back to January 13, 2020, in the Bijapur district. According to prosecution records, the young victim had set out for a local market when her grandmother initially tried to stop her from traveling alone. Kalmoom intervened, assuring the grandmother that he would accompany the child and bring her home safely. When the girl never returned, a search was launched, eventually leading to the discovery of her body in a nearby area.

Medical examinations and a post-mortem report confirmed a grim reality: the child had been subjected to forcible sexual assault before being strangled to death. During the trial, the prosecution established the victim’s age as approximately nine years and ten months using Anganwadi records, categorizing the crime under the strictest provisions of the POCSO Act.

Legal counsel for Kalmoom argued for an acquittal, citing that the case relied entirely on circumstantial evidence and noting that several “last seen” witnesses had turned hostile during the proceedings. The defense further contended that as an illiterate man from a tribal area, Kalmoom had been falsely implicated.

However, the High Court found that the scientific evidence overrode these procedural gaps. DNA profiling conclusively matched biological samples found on the victim with Kalmoom’s DNA. Additionally, the court took note of a voluntary extra-judicial confession Kalmoom made before fellow villagers, which the justices deemed trustworthy and unshaken.

In its final judgment, the court emphasized that in cases of such heinous nature, DNA evidence of “sterling quality” can serve as a primary basis for conviction. The bench concluded that the chain of circumstances was so complete it left no room for any hypothesis of innocence. Kalmoom, who has been in custody since January 2020, will continue to serve his sentence of life imprisonment until his natural death.

Case Reference : CRA No. 614 of 2023, Bablu Kalmoom v. State of Chhattisgarh; Counsel for Appellant: Mr. Dinesh Tiwari, Advocate (holding brief for Mohd. Azad Siddiqui, Advocate); Counsel for Respondent/State: Mr. Shailendra Sharma, Panel Lawyer.