It Is State's Primary Duty To Ensure Uninterrupted Supply Of DNA Test Kits To Forensic Science Laboratory: MP High Court

The Madhya Pradesh High Court on Monday stressed that it is the primary responsibility of the State to ensure uninterrupted supply of "consumables and standard kit" to the Forensic Science Laboratory so that DNA tests can be conducted without any difficulty.

The Bench of Justice Gurpal Singh Ahluwalia observed thus while dealing with a bail plea filed by the rape accused claiming that since the prosecutrix had turned hostile and had not supported the prosecution case, he was entitled to bail.

Importantly, on three occasions, the State submitted before the Court that it could not obtain the DNA test report in the matter, and on October 4, referring to a letter received from FSL, Sagar, the state submitted that "consumables and the standard kit" which is used for conducting DNA test report was not available with the laboratory.

In this regard, stressing that DNA rest report is one of the crucial circumstances which may prove the guilt of an accused, the Court observed thus:

"Even otherwise, under Section 53-A of Cr.P.C., DNA test is compulsory. Under these circumstances, it is the primary responsibility of the State to ensure uninterrupted supply of 'consumables and standard kit' to the RFSL so that DNA test can be conducted without any difficulty. However, unfortunately RFSL, Sagar is short of "consumables and standard kit" and on account of said shortage, DNA test has come to a halt."

Therefore, the Court directed the Director-General of Police to immediately look into the matter and to ensure uninterrupted supply of "consumables and standard kit" to RFSL, Sagar so that DNA test can be conducted as early as possible.

Further, regarding the circumstances created due to the unavailability of the DNA report, the Court observed that the prosecution itself was not in a position to provide a DNA test report, and therefore, the Court opined that the complete fault was of the prosecution.

"It is really unfortunate that the prosecution is not serious towards the criminal trial...the accused cannot be allowed to languish in jail for the fault of the prosecution", the Court further added as it directed that the applicant be released on bail, on furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lac) with one surety in the like amount.

Case title - Deepak Tomar Vs. State of MP and anr.

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