Continual Supply of DNA Test Kits to Forensic Labs is primary Duty of State: MP High Court
Bhopal: The Madhya Pradesh High Court has recently remarked 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 statement was made by Justice Gurpal Singh Ahluwalia in a case where a rape accused pleaded for bail due to failure by the prosecution to produce a DNA test report.
The state had submitted on three occasions their failure to procure a DNA test report. On the hearing held on October 4, the state submitted that the reason for such failure was the unavailability of "consumables and the standard kit" used for DNA testing with the State Forensic Testing Laboratory in Sagar district (RFSL, Sagar).
RFSL, Sagar had submitted a letter disclosing the same.
It must be noted that a DNA test is the crucial most piece of evidence in trials of rape. Failing to produce a DNA test report might set a man guilty of rape free. The Madhya Pradesh HC stressing this fact and keeping the importance of DNA tests in such cases in mind said:
"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."
The court held the prosecution fully responsible for not being able to produce a DNA test report. It granted bail to the rape accused emphasising the fact that circumstances leading to the unavailability of DNA test kits was the state's fault. It further remarked "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 thus, went in to order the Director-General of Police, Madhya Pradesh to instantly solve the issue and ensure an uninterrupted supply of "consumables and standard kit" to RFSL, Sagar for the continuance of the trial.