Conducting DNA Test Of Rape Accused Is Part Of A Fair Trial: Punjab & Haryana HC [Read Order]

The Punjab and Haryana High Court recently held that conducting DNA profiling of the accused under Section 53A of the Cr.P.C is a part of fair trial.

The Court was hearing a revision petition filed by the petitioners, (accused before Trial Court) challenging an order of the Trial Court dismissing their application under Section 53-A Cr.P.C, for conducting DNA profiling of such petitioners.

The Trial Court while dismissing the application had stated that a person cannot be allowed to move such an application at any stage he likes. It had further stated that the object of such application at that stage was to merely prolong the proceedings since it had been filed after the prosecutrix and all other material witnesses had been examined.

The counsel on behalf of the petitioners contended before the High Court that the dismissal of the application by the trial court would amount to a denial of fair trial.

Upholding the contention of the petitioners, Justice Raj Shekhar Attri of the Punjab and Haryana High Court observed that denying fair trial would amount to crucifixion of human rights and it is obligatory on parts of the Court to see whether due to non-compliance of certain provisions, reversion of judgment of conviction is inevitable or whether it is dependent on arriving at an indubitable conclusion that substantial injustice has in fact occurred. It was further observed that a judge has to intervene as and when required, especially to rule out the illegalities, irregularities or infirmities and also the inadmissible evidence.

In view of this, it was held that under the provisions of Section 53-A Cr.P.C, it was imperative for the prosecution to go in for DNA test since no cogent reason had been assigned by the trial court while dismissing the application of the petitioners. It was further held that the opportunity for conducting DNA profiling of both the petitioners is a part of fair trial and was also essential for just decision in the present case.

Allowing the revision petition, the Court set aside the decision of the trial court and directed that the DNA profiling of both the petitioners be conducted with the available DNA profile of the prosecutrix.