Supreme Court commutes death sentence in stepdaughter rape-murder case

The Court examines whether the conviction is legally sustainable, particularly in light of a directed further cross-examination of the key witness to remedy procedural defects in the trial.

Who it concerns: Petitioner/Appellant: Waris; Respondent: The State of Madhya Pradesh; Bench: Justice Vikram Nath.

What the court decided

• The Court directed a further cross-examination of PW-1 (the mother of the victim) on 14.06.2025 to remedy the infirmity of the original cross-examination conducted by a legal aid counsel appointed on the day of testimony.
• The Court is required to determine if the appellant had an effective opportunity to cross-examine the witness and if the conviction and death sentence can be sustained in law based on the entire record, including the new evidence.
• The judgment addresses the credibility of the mother's testimony, medical evidence indicating asphyxia due to throttling and sexual assault, and the weighing of aggravating and mitigating circumstances for sentencing.

Also in the document

• The case is marked as 'REPORTABLE' and is a final judgment (2026 INSC 1050), not an interim order.
• The identity of the victim and her mother is withheld in the judgment in accordance with Section 33(7) of the POCSO Act.
• The High Court had previously affirmed the death sentence and dismissed the appeal, which is now under review by the Supreme Court.