The Tamil Nadu government on Wednesday told Madras High Court that it would file a curative petition before the Supreme Court against the acquittal of S Dashwanth, the sole accused in a 2017 child rape and murder case. (Venkatesh v. Union of India).A Bench of Justices GR Swaminathan and V Lakshminarayanan disposed of the case after taking the State’s statement on record..The statement was made before the Madras High Court in a public interest litigation (PIL) filed by lawyer Venkatesh S. The plea claimed that Dashwanth had misled the Supreme Court while challenging his conviction and death sentence.The petitioner had challenged the State government’s failure to file a curative petition against the Supreme Court’s October 8, 2025 judgment acquitting Dashwanth..The PIL claimed that Dashwanth had secured the benefit of a regular criminal appeal before the Supreme Court by incorrectly stating that the Madras High Court had granted him leave to appeal under Article 134(1)(c) of the Constitution.Article 134(1)(c) allows an appeal to the Supreme Court in a criminal case if the High Court certifies that the case is fit for appeal.However, the petitioner relied on a Right to Information reply from the Madras High Court Registry to contend that no such certificate had been issued.On this basis, the petitioner argued that the Supreme Court was misled into recalling its earlier order which had issued limited notice only on the question of sentence.A review petition filed by the State against the acquittal had already been dismissed by the Supreme Court..The petitioner also argued that, given the alleged procedural defect in the manner in which Dashwanth’s appeal was entertained, the State should move a curative petition before the Supreme Court against the acquittal..The case concerns the rape and murder of a child who went missing from her apartment complex on February 5, 2017. Her father lodged a complaint the same night at Mangadu Police Station.According to the prosecution, CCTV footage from a nearby temple led the police to suspect Dashwanth. He was arrested on February 8, 2017. Police claimed that his disclosure statement led to the recovery of the child’s charred body.A trial court convicted Dashwanth on February 19, 2018 under the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act, and sentenced him to death. The Madras High Court confirmed the conviction and death sentence on July 10, 2018.The Supreme Court initially issued limited notice only on sentence. However, in February 2025, it converted the matter into a criminal appeal under Article 134(1)(c). On October 8, 2025, the Supreme Court acquitted Dashwanth, citing serious infirmities in the prosecution case and trial.
