DNA test of rape accused part of fair trial, rules HC

Saurabh Malik

Tribune News Service

Chandigarh, July 8

The High Court has ruled that granting an accused an opportunity of getting DNA examination conducted in a rape case was part of a fair trial and essential for just decision.

Justice Raj Shekhar Attri also set aside an order, whereby the trial court had rejected the plea for DNA examination filed by two accused in a rape case. It was turned down on the ground that a person could not be allowed to move an application at any stage he liked.

Allowing the petition, Justice Attri directed the trial court to get the DNA profile of both petitioners examined with the available DNA profile of the prosecutrix — “victim”. Referring to Section 53-A of the CrPC, Justice Attri said that it was, in any case, imperative for the prosecution to go in for the DNA test.

The trial court, in its order, had observed that there was no dispute that it was incumbent upon the investigating officer to get the DNA sampling of the accused-applicants conducted during the course of probe.

The trial court had added the accused was always at liberty to file such an application before the Illaqa Magistrate, in case the investigating officer failed to comply with the provisions. But such an exercise was not adopted by both accused.

A perusal of the file reflected that the prosecutrix had categorically stated each and every fact in sequence and both accused-applicants had moved the application after the recording of her statement. The trial court had said that this to its mind was nothing but misuse of the process of law.

Challenging the order by filing the petition against the State of Haryana, Parveen and another accused through counsel SK Garg Narwana submitted the dismissal of their application amounted to the denial of a fair trial.

Justice Attri said that a cogent reason had not been assigned by the trial court while dismissing the petitioners’ application.

A Judge is required to keep in mind that the trial is fair. It is well settled that the denial of a fair trial amounts to crucifixion of human rights. A criminal trial is ‘a search of fact and in fact a search of truth. As such, a Judge has to intervene as and when required, especially to rule out illegalities, irregularities or infirmities and also inadmissible evidence’. —Justice Raj Shekhar Attri