Punjab and Haryana High Court sets aside a death sentence in the 2018 Hisar child murder case
7 October 2026
A Division Bench of the Punjab and Haryana High Court set aside a death sentence on 7 October 2026 and acquitted Hem Raj of all charges in the 2018 murder of a toddler in Hisar district of Haryana.
Justice Anoop Chitkara and Justice Harmeet Singh Deol held that the identity of the recovered body was not proved beyond reasonable doubt, as the DNA testing was inconclusive.
The Bench held that the accused pointing out the child's clothes while in police custody was inadmissible under Section 26 of the Indian Evidence Act.
It also held that Section 106 of the Evidence Act did not shift the primary burden of proof from the prosecution to the accused.
The first information report had been registered at Barwala police station on 16 June 2018.
The conviction under Sections 302 and 201 of the Indian Penal Code was set aside, the murder reference was dismissed as infructuous, and release was ordered on a personal bond without sureties.
In plain words
Murder reference Confirmation proceedings before the High Court — A death sentence passed by a trial court has no effect until the High Court confirms it.
Section 106 Burden of proving a fact especially within knowledge — It does not relieve the prosecution of proving its own case first.