Thursday, 26 May 2016

Procedure to be followed by doctors and police for conduct of DNA test in Rape case

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.
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.
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.
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 applicant Raja
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 sentfor 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 alongwith 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.
MADHYA PRADESH HIGH COURT
JABALPUR BENCH
MCRC-6476-2016
(RAJA BURMAN @ RAHU Vs THE STATE OF MADHYA PRADESH)
Dated:04-05-2016


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.
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.
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.
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.
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 applicant Raja
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 sentfor 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 alongwith 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.
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.
(ATUL SREEDHARAN)
JUDGE
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