Dharmendra vs The State Of Madhya Pradesh
2021 Latest Caselaw 5400 MP

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         THE HIGH COURT OF MADHYA PRADESH
                  M.Cr.C. No.34963/2021
               Dharmendra vs. State of M.P.

Gwalior, Dated : 14-09-2021

      Shri Harish Sharma, counsel for the applicant.

      Shri I.S. Asthana, counsel for the State.

      It is the case of applicant that the prosecutrix has turned hostile

and has not supported the prosecution case.

      It is pointed out by the State counsel that the incriminating

articles as well as the blood samples of the applicant have been sent

to State Forensic Science Laboratory Services, State of M.P., Bhopal.

      However, in spite of two opportunities i.e. on 15.07.2021 and

02.08.2021, the DNA test report has not been produced. Every time

an excuse is made by counsel for State that looking to the huge

pendency of tests in laboratories, the laboratories are not in position

to give preference to the cases which were subsequently received.

      The said submission of counsel for State cannot be accepted. In

most of the cases, it has been observed that the positive DNA test

report was received that too only after strict action was taken by this

Court.

      Once the prosecutrix has turned hostile and if the prosecution

fails to produce the forensic evidence to support the prosecution case,

then the only option which will be left for the trial Court would be to

acquit the accused. However, in the light of judgment passed by the

Supreme Court in the case of Hemudan Nanbha Gadhvi vs. State

of Gujarat reported in (2019) 17 SCC 523, even if a prosecutrix has

turned hostile, still the accused can be convicted on the basis of
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                                    THE HIGH COURT OF MADHYA PRADESH
                                             M.Cr.C. No.34963/2021
                                          Dharmendra vs. State of M.P.

                        scientific/forensic evidence. However, by not submitting the DNA

                        test report, the concerning laboratories are not only violating the

                        judgment passed by the Supreme Court in case of Hemudan Nanbha

                        Gadhvi (Supra) but also directly or indirectly assisting/protecting

                        the accused persons.

                                 Under these circumstances, the Director, State Forensic

                        Science Laboratory Services, Bhopal is directed to submit his

                        affidavit on the following issues :

                                  1.

How many cases are pending for DNA test ?

2. How many days are required for conducting DNA test in one case ?

3. How many Scientific Officers are posted in the State Forensic Science Laboratory Services, Bhopal ?

4. Why there is a huge pendency which results in adversely affecting the prosecution case ?

Let the affidavit be filed within a period of four days from

today.

List this case in the next week.

It is made clear that whether or not the DNA test report is sent

by the concerning laboratory in the present case, the Director is under

obligation to file his affidavit on the above-mentioned aspects.

Let a typed copy of this order by supplied to Shri I.S. Asthana,

counsel for State, for necessary compliance.

(G.S. Ahluwalia) Judge Aman AMAN TIWARI 2021.09.14 17:19:45 +05'30'