MP High Court "Shocked" At Police Support To Accused In A Rape Case, Suspects "Deliberate" Rise In Improper DNA Tests In Multiple Rape Cases

The Madhya Pradesh High Court has expressed "shock" at a rape case where conduct of the Police during investigation exhibited "support" to the accused.

The bench of Justice G.S. Ahluwalia, while dealing with the anticipatory bail application of an accused involved in gang rape and other charges, observed,

“It is really shocking that on one hand, rape on a girl is not only a heinous offense, but it is also an attack on the emotions and self-respect of the prosecutrix and at the same time, police was out and out to support the accused persons. Time has come when the police must show its seriousness as well as concern about the safety of girls.”

It also raised concerns regarding the Police not paying heed to the Supreme Court judgment that accused has no say in the matter of investigation.

“Court has already considered the conduct of Police in investigating the matter and has found that the closure report which was filed by the police was not worth acceptance, coupled with the fact that in spite of the fact that the applicant was available with the police, still police did not take any coercive action and was all the time dancing to the tune of the applicant contrary to the law laid down by Supreme Court that investigation as per the dictation of accused cannot be done.”

The applicant is booked under Sections 376-D, 294, 506, 34 of IPC. His blood samples were collected and as per the DNA test report, very low un-interpretable Y- chromosomes were found. Police thereafter filed a closure report, which came to be rejected by the trial Court. Hence, the present application for pre-arrest bail.

State opposed bail, asserting that the applicant had evaded arrest, resulting in proceedings under Sections 82 and 83 of the Cr.P.C.

High Court rejected the application and went on to flag recurring reports of very low un-interpretable Y-chromosomes in DNA tests in multiple cases, raising concerns about the quality of forensic procedures. It observed,

"Whether the lab is not equipped with approved DNA test kit or the scientific officers are deliberately avoiding conducting the DNA test properly, is a matter which is to be considered by Director General of Police," and asked the DGP to intervene.

Case title: Jagdish Prasad Dixit Versus State Of Madhya Pradesh

Case No. MISCELLANEOUS CRIMINAL CASE No. 37350 of 2024

Citation: 2024 LiveLaw (MP) 222

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