Specify Steps Taken To Set Up Additional Forensic Lab For DNA Sample Examination: MP High Court Asks State Govt

The Madhya Pradesh High Court has asked the State Government as to what steps have been taken by it with regard to the Court's directions issued for the formation of an additional Forensic Lab for examination of DNA samples.

This order came from the Bench of Justice Vishal Mishra as it noted that in large numbers of cases, FSL reports and DNA reports are not being produced before the HC or before the trial court despite the fact that the charge-sheets have already been filed and in the trial, the statements of the material witnesses have already been recorded

"This goes to show the apathetic state of affairs of the state authorities in not getting the sample examined at an early date. Several directions have already been issued by this Court regarding the formation of additional Forensic Lab for examination of the samples," the Court further remarked as it asked the authorities to specify the steps taken in pursuant to the directions issued by the Court on earlier occasions within 15 days.

The case before the Court

The Court was dealing with the second bail plea of one Man Singh booked under Sections 363, 376(2)(J)(I)/366 of IPC for allegedly committing rape against a mentally retarded victim by taking advantage of her mental condition.

The Court noted that the medical examination of the victim was done on the next day, and the accused was taken into custody on May 07, 2019, and the samples were collected on May 6, 2019, and were sent for FSL/DNA examination on May 10, 05 2019, but till date, no report had been received.

Against this backdrop, the Court had, on the previous date of hearing, asked the concerned SHO to remain present before the Court if he fails to submit the DNA Report on January 18, 2022.

Court's order

Further, on January 18, the counsel for the State submitted before the Court that the DNA has not been received to date. As per the information given to him by the SHO, a special messenger had been sent to collect the DNA report, but the report was not obtained.

Regarding the presence of the Station House Officer before the Court, the state Counsel submitted that he had informed the Station House Officer and also sent the connecting link to join the proceedings but despite making repeated attempts, the SHO didn't connect to the VC link. 

Significantly, the State Counsel also could not explain as to how much time the sample survives for examination and how much time it takes to get the report done once the sample is taken up for examination.

Therefore, in view of the fact that the SHO, despite the specific direction by the Court, didn't cooperate and didn't even connect through Video Conferencing and did not pick up the telephone call made by the state counsel, the Court issued the following direction:

"...it appears that he is deliberately not connecting through Video Conferencing and taking advantages of the virtual modes, is not complying with the orders passed by this Court. In such circumstances, this Court deems it appropriate to direct the Superintendent of Police, Seoni to look into the matter. The Superintendent of Police is directed to file an affidavit to the effect to explain why so much time is being taken for getting the sample examined and in getting the report of DNA, as the samples were collected on 06.05.2019 and were sent for examination on 10.05.2019. He is further directed to explain on affidavit the entire procedure which has been taken up by the authorities immediately on receipt of the samples for examination. He is further directed to point out that as to how much time, it takes to procure the report once the sample is taken up for examination"

Lastly, noting that the case against the accused was duly supported by the statements of the witnesses, this Court rejected the bail plea.

Case title - MAN SINGH Vs THE STATE OF MADHYA PRADESH

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