State Must Provide Infrastructure & Manpower To Forensic Labs: Orissa High Court Stresses On Timely Submission Of Chemical Test Reports

The Orissa High Court has recently ordered the State to ensure proper infrastructure and man-power for effective functioning of the Forensic Science Laboratories.

Underlining the importance of timely receipt of chemical examination reports in criminal cases as well as the possible hindrances in deciding cases in case of non-submission of such reports, the Single Bench of Justice Sangam Kumar Sahoo observed –

“The State cannot cock a snook at its duty to provide the required infrastructure and manpower to the forensic laboratories in the interest of justice. The State must realize the negative impacts which potentially ensue if it fails to take the required steps in making the forensic laboratories well-equipped and functional with sufficient manpower, as every omission on its part may jeopardize the rights and liberties of hundreds of accused and victims.”

Background of the Case

The Court was hearing a jail criminal appeal preferred by a person convicted of lurking house trespass in order to commit rape upon a physically disabled woman. Considering the evidence of the victim, being duly corroborated by the evidence of other witnesses and the medical evidence, the trial Court had found the appellant guilty under Sections 454/376(2)(j)(l)/323 of the IPC.

Court's Observations

The Court vividly examined the testimony of four prosecution witnesses who deposed to have seen the victim in a naked condition, sustaining bleeding injuries. They also consistently stated that the victim pointed towards the accused-appellant when they inquired about the incident.

The Court pointed out that though biological samples as well as wearing apparels of the both the victim and the appellant were seized during investigation and were sent for chemical examination, but the chemical examination report was not obtained nor was filed with the charge-sheet.

Justice Sahoo stressed that chemical examination reports are quite vital in such kind of cases and thus, it is the duty of the concerned Magistrate to ensure that it is supplied to the accused along with police papers at the time of commitment of the case to the Court of Session in view of Section 207 of CrPC and Rule 50 of the General Rules & Circular Orders (Criminal) of the High Court of Judicature, Orissa.

“If the chemical examination report is not submitted along with the charge sheet and not supplied to the accused before commitment, it is the duty of the Prosecutor as well as the trial Court to see that the chemical examination report is made available before the charges are framed and copy of such report is furnished to the accused,” he held.

It was further held that the trial Court has also a duty to send reminder to the Director/Dy. Director of the concerned Forensic Science Laboratory to send the chemical examination report and in spite of such reminder, if no report is furnished, the Court can take action against the erring officials for non-production of such report.

“The Director/Deputy Director of the Forensic Science Laboratories should send the chemical examination report to the concerned Court within a reasonable period preferably within two months of the receipt of seized exhibits for analysis,” it added.

The Court further pointed out that the reports of Government Scientific experts can be used as evidence as per the provision of Section 293 of the CrPC and thus, non-availability of such reports can have far-reaching impacts on criminal trials.

“Unfortunately the police and the Prosecutors often fail to obtain results from laboratories quickly enough to determine the accusations against a person. Non-receipt of the chemical examination report or delayed receipt of report creates obstacles in arriving at truth and hamper the course of justice. Nobody has a right to play with the lives of the persons who are facing trial for a serious charge and also to deprive the victims from getting proper justice,” it held.

The Bench thus reminded the State Government of its duty to provide sufficient staff and competent officers for chemical examination of the seized exhibits in the Forensic Science Laboratories for speedy and effective analysis and to furnish accurate forensic reports for proper dispensation of justice.

“The Director of Public Prosecution is required to instruct all the Public Prosecutors of the State to ensure that appropriate steps are taken promptly to get the chemical examination reports in time which are to be taken on record by the trial Courts, if not submitted along with charge sheet,” it ordered.

In the instance case, the Court noted the omission on the part of the Public Prosecutor in drawing attention of the trial Court towards non-receipt of chemical examination report. However, notwithstanding with such omission, the Court was of the considered view that the testimony of the prosecution witnesses, being duly corroborated by the medical evidence, sufficiently inculcates the accused-appellant in commission of the crime.

Thus, the conviction of the appellant under Section 376(2)(j)(l) was upheld. However, the sentence imposed on him was reduced to 10 years rigorous imprisonment from 14 years rigorous imprisonment, which was given by the trial Court.

Case Title: Muna @ Jagabandhu Bhoi v. State of Odisha

Case No: JCRLA No. 81 of 2018

Date of Judgment: April 10, 2024

Counsel for the Appellant: Mr. S.K. Baral, Amicus Curiae

Counsel for the State: Mr. Rajesh Tripathy, Addl. Standing Counsel

Citation: 2024 LiveLaw (Ori) 28

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