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MP High Court: State’s responsibility to ensure supply of DNA Test Kits

2 min read

Alka Verma-

Published On: October 06, 2021 at 12:40 IST

The Madhya Pradesh High Court emphasised the point that it is the responsibility of the State to ensure the uninterrupted supply of DNA Test Kits.

“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,” stated the Court.

Justice Gurpal Singh Ahluwalia made such observations while dealing with a Bail Plea of a person accused of Rape.

In the Bail Plea, the Accused stated that the Prosecutrix has become unsupportive and is not supporting the case from her end.

The State before the Court mentioned that there are no chances of having a DNA test report as a letter from State Forensic Science Laboratory, Madhya Pradesh states that there are no kits available in the laboratory to do the test.

The Court, after hearing this, emphasised the importance of a DNA test is as it may prove the guilt of an Accused person.

“Even otherwise, under Section 53-A of the Cr.P.C., a DNA test is compulsory. However, unfortunately, RFSL, Sagar is short of “consumables and standard kit” and on account of said shortage, a DNA test has come to a halt,” stated the Court.

In addition, the Court directed the DGP to look into the matter and supply the kits as soon as possible so the test could be conducted.

Further, in regards to the conditions made because of the inaccessibility of the DNA report, the Court saw the Prosecution itself was not in a situation to give a DNA test report, and accordingly, stated that the issue accorded because of the fault of the Prosecution.

” Unfortunately, the prosecution is not serious towards the criminal trial…the accused cannot be allowed to languish in jail for the fault of the prosecution”, stated the Court.

Finally, the Court granted Bail and ordered the Accused to post a surety bond of Rs.1,00,000/- (Rs. One Lac).

Also Read: Honey Trap Scandal: Madhya Pradesh High Court grants Bail to 3 accused