Conduct DNA tests in all Rape Cases - MP HC tells Police and Doctors

MADHYA PRADESH HIGH COURT (Jabalpur)

Before :- Atul Sreedharan, J.
MCRC No. 6476 of 2016. D/d. 4.5.2016.

Raja Burman @ Rahu - Applicant
Versus
State of Madhya Pradesh - Respondent/State

For the Applicant :- Kaustubh Singh, Advocate.
For the Respondent :- K.S. Patel, learned Panel Lawyer.

For more detail about this judgment,
please contact our helpline number : 094177-67177
or visit our contact us page.

Madhya Pradesh High Court, Indore Judgments

JUDGMENT
Atul Sreedharan, J. - Mr. Kaustubh Singh, learned counsel for the applicants.
Mr. K.S. Patel, learned Panel Lawyer for the respondent/State.
2. This is an application U/s.439 of Cr.P.C. in connection with Crime No.26/16 registered at P.S. Burhar, Shahdol for offences U/s.376, 305/34 of I.P.C. and Section 5/6 of POCSO Act.
3. This is a case where a minor girl allegedly in a relationship with the applicant herein on the false pretext of marriage is said to have become pregnant by the applicant on account of which, she committed suicide.
4. Learned counsel for the applicant states that the applicant has been framed in this case and that the deceased was in relationship with one Priyanshu, who was a minor.
5. Learned counsel for the State on the other hand has read out the statements under Section 161 of the Cr.P.C. of Chandrawati, mother of the deceased and also of Sakshi, who is friend of the deceased, wherein these witnesses have stated that the applicant herein had illicit relationship with the deceased on account of which she became pregnant.
6. Be that as it may, looking to the facts and circumstances of the case, I am currently not inclined to allow the instant application for grant of bail to the applicantRaja Burman @ Rahul under Section 439 of Cr.P.C. and therefore dismiss the same. It has been seen that in number of cases relating to rape, the most powerful investigative tool which is available to the police is the DNA test which is seldom being resorted to. The DNA report can either confirm or exclude the involvement of the accused. The police is directed that in every case under Section 376 of I.P.C.:-
    (a) under which the doctor preparing the MLC of the prosecutrix prepares vaginal slides and clothing of the prosecutrix, which upon test by the FSL confirms the presence of human sperm then such slides must then be sent for DNA verification with the blood sample of the suspect.
    (b) where the prosecutrix is rendered pregnant on account of the rape and if birth takes place, then a DNA verification be sought to ascertain paternity of the child which will again either confirm or exclude the suspect. If the foetus is aborted, then the tissue sample of the foetus be tested along with the sample of the suspect to see if they match, and
    (c) in the event of the death of the prosecutrix during pregnancy, then also procedure enunciated in (b) to be followed.
7. Learned counsel for the State is requested to transmit a certified copy of this order to the Director General of Police, M.P. for its further transmission to Superintendents of Police of various districts, so that such cases u/s 376 of I.P.C. are effectively investigated and promptly dealt with.
------------------------------------------------------

COMMENTS

BLOGGER
Name

138-NIA,23,498A,41,Abduction,1,Acquittal,16,Adverse-Possession,5,Advocates,54,Allahabad,3,Andhra-Pradesh,1,Answers,2,Bail,22,Bare-Acts,55,Bombay,16,Calcutta,6,Canada,6,Chhattisgarh,3,Civil-Cases,78,Complaint,2,Constitution,7,Consumer-Forum,7,Conviction,5,Copyright-Patent,2,Corruption,5,Courts,3,Criminal-Cases,288,CrPC,37,Cyber-Laws,7,Defamation,2,Delhi,21,Divorce,23,Dowry,14,Drafting,5,Employment-Laws,4,Events,4,Evidence,11,Execution,7,Famous-Cases,16,Foreign-Visa,6,Free-Legal-Advice,9,G8-Lawyers,8,Gauhati,1,Geek-Upd8,4,Guest-Post,1,Gujarat,4,Health-Laws,8,Heidi-MacDonald,4,High-Court,278,Himachal,1,How-To,13,Immigration,9,India,342,Information-Technology-Act,6,Insurance,7,Inter-State-Association-Lawyers,10,International,4,IPC-1860,4,Jammu-Kahmir,1,Jharkhand,1,Judgments,380,Juvenile,7,Karnataka,1,Kerala,3,Law,337,Law-Degree,11,Legal-Rights,19,Lekh-Raj-Sharma,5,Madhya-Pradesh,3,Madras,4,Manipur,1,Mansa,11,Matrimonial,45,Murder,44,Navneet-Khudania,4,NDPS-Act,16,News-Media,86,Notice,11,NRI,3,Patna,1,Pauper-Suit,1,Personal-Injury-Law,16,Police,13,Politics,13,Popular,10,Privy-Council,1,Public-Interest-Litigation,3,Puneet-Batish,11,Punjab-Haryana,29,Quashing,7,Rajasthan,2,Rape,51,Review,1,RTI,4,Service-Matter,10,Services,1,Sneha-Jaiswal,7,Society,79,Support,49,Supreme-Court,188,Terrorism,7,Theft,3,United-States,3,USA,37,Uttarakhand,2,Videos,5,Women,22,Writ,5,
ltr
item
Geek Upd8 - Law Reporter: Conduct DNA tests in all Rape Cases - MP HC tells Police and Doctors
Conduct DNA tests in all Rape Cases - MP HC tells Police and Doctors
https://1.bp.blogspot.com/-SBm6l2LlxI4/U-uogfmdU7I/AAAAAAAAEdw/V5ejiznIlf0/s1600/Madhya-Pradesh-High-Court.jpg
https://1.bp.blogspot.com/-SBm6l2LlxI4/U-uogfmdU7I/AAAAAAAAEdw/V5ejiznIlf0/s72-c/Madhya-Pradesh-High-Court.jpg
Geek Upd8 - Law Reporter
https://law.geekupd8.com/2016/08/police-must-adopt-dna-test-in-all-rape-Cases-Directions-issued-to-Police-and-Doctors.html
https://law.geekupd8.com/
https://law.geekupd8.com/
https://law.geekupd8.com/2016/08/police-must-adopt-dna-test-in-all-rape-Cases-Directions-issued-to-Police-and-Doctors.html
true
9019969284714235428
UTF-8
Loaded All Posts Not found any posts VIEW ALL Readmore Reply Cancel reply Delete By Home PAGES POSTS View All RECOMMENDED FOR YOU LABEL ARCHIVE SEARCH ALL POSTS Not found any post match with your request Back Home Sunday Monday Tuesday Wednesday Thursday Friday Saturday Sun Mon Tue Wed Thu Fri Sat January February March April May June July August September October November December Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec just now 1 minute ago $$1$$ minutes ago 1 hour ago $$1$$ hours ago Yesterday $$1$$ days ago $$1$$ weeks ago more than 5 weeks ago Followers Follow THIS PREMIUM CONTENT IS LOCKED STEP 1: Share. STEP 2: Click the link you shared to unlock Copy All Code Select All Code All codes were copied to your clipboard Can not copy the codes / texts, please press [CTRL]+[C] (or CMD+C with Mac) to copy