Tamil Nadu Government to File Curative Petition
The Tamil Nadu government has announced its intention to file a curative petition in the Supreme Court challenging the acquittal of S Dashwanth, the accused in a 2017 case involving the rape and murder of a minor. This decision was communicated to the Madras High Court on Wednesday. The move follows the state’s dissatisfaction with the Supreme Court’s October 2025 judgment, which overturned Dashwanth’s conviction.
Public Interest Litigation in Madras High Court
The announcement came during the hearing of a public interest litigation (PIL) filed by attorney Venkatesh S. The PIL contested the state government’s previous inaction in filing a curative petition after the Supreme Court acquitted Dashwanth. Venkatesh argued that Dashwanth had misled the Supreme Court to secure his acquittal by falsely claiming that the Madras High Court had granted him leave to appeal under Article 134(1)(c) of the Constitution of India.
Legal Technicalities and Allegations of Misleading the Court
Article 134(1)(c) allows an appeal to the Supreme Court in criminal cases if the High Court certifies that the case is fit for appeal. Venkatesh’s plea relied on a Right to Information response from the Madras High Court Registry, indicating no such certification had been issued. Consequently, the petitioner argued that Dashwanth’s appeal was procedurally defective, leading the Supreme Court to erroneously recall its earlier limited notice regarding only the sentencing.
Previous Review Petition Dismissed
A review petition by the state against the acquittal was previously dismissed by the Supreme Court. Nonetheless, the petitioner urged the Tamil Nadu government to pursue a curative petition due to the procedural flaws highlighted in the PIL.
Background of the Case
The case dates back to February 5, 2017, when a young girl disappeared from her apartment complex. Her father reported her missing to the Mangadu Police Station the same night. The investigation led police to suspect Dashwanth, based on CCTV footage from a nearby temple. Dashwanth was apprehended on February 8, 2017, and his disclosure reportedly led to the recovery of the child’s remains.
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The trial court found Dashwanth guilty on February 19, 2018, under the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act, sentencing him to death. The Madras High Court upheld this conviction and sentence on July 10, 2018. However, the Supreme Court later converted the matter to a criminal appeal and acquitted Dashwanth in October 2025, citing significant deficiencies in the prosecution’s case and trial proceedings.
