The Madhya Pradesh High Court expressed shock at the police supporting the accused in a rape case and suspects a “deliberate” rise in improper DNA testing in several cases.
The Madhya Pradesh High Court has expressed its “shock” over police conduct in a rape investigation that appeared to favor the accused. Justice G.S. Ahluwalia, while addressing an anticipatory bail application related to gang rape and other charges, criticized the police for not adhering to a Supreme Court ruling that states the accused should not influence the investigation.
The court noted that the police had filed a closure report that it deemed unacceptable, especially since the applicant was readily available for questioning but no action was taken against him. The applicant faces charges under Sections 376-D, 294, 506, and 34 of the IPC. Despite DNA tests revealing low, uninterpretable Y-chromosomes, the police opted to file a closure report, which was rejected by the trial court, prompting the current bail application.
The state opposed the bail, arguing that the applicant had evaded arrest, leading to proceedings under Sections 82 and 83 of the Cr.P.C. The High Court ultimately denied the bail request and highlighted ongoing concerns regarding the prevalence of low Y-chromosome results in DNA tests across various cases, calling into question the quality of forensic practices. It directed the Director General of Police to investigate whether the laboratory lacks proper DNA testing equipment or if scientific officers are neglecting their duties.
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