Vishram Baghel vs State Of Mp
2022 Latest Caselaw 7227 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                           MCRC No. 19050 of 2022
                           (VISHRAM BAGHEL Vs STATE OF MP)

Dated : 12-05-2022
      Shri Ankur Tiwari, Counsel for applicant.

      Shri Sushant Tiwari, Counsel for State.
      In compliance of order dated 09.05.2022, the Director, FSL, Madhya
Pradesh has filed his affidavit.
      From the affidavit, it is clear that 4,573 cases for DNA test are pending
whereas according to the Director the capacity of the lab is to test 200 cases

per month. It is also mentioned that the cases in which orders have been passed
by the High Court are being taken up on priority basis whereas the cases which
are pending before the Trial Court are being taken on secondary basis, and
therefore, the articles were not taken up for DNA test.
      This affidavit is surprising.
      The DNA test report is of paramount consideration and is required to be
produced before the Trial Court as early as possible, but it appears that the
concerning lab is giving second preference to the Trial Court. It appears that the
Director, FSL, Madhya Pradesh is not aware of the fact that in case if DNA test

report is not submitted before the Trial Court in time, then an accused can get
the benefit of the same.
      It is really unfortunate that the State Government is least concerned about
the disposal of the trials as early as possible. It also appears that the Director,
FSL, Madhay Pradesh is also not aware of the judgment passed by the
Supreme Court in case of Hemudan Nanbha Gadhvi vs. State of Gujarat
reported in (2019) 17 SCC 523 in which it has been held that even if the
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prosecutrix has turned hostile, still the accused can be convicted with the help
of forensic/scientific evidence.
       It is really unfortunate that the FSL units functioning within the State of
Madhya Pradesh are not giving any due importance to the law of the land
pronounced by the Supreme Court.
       Accordingly, the Director, FSL, Madhya Pradesh is directed to give his
affidavit on the following issues :
       1.

Why there is a pendency of 4573 cases ?

2. Whether the FSL, State of Madhya Pradesh is aware of the importance of of forensic/scientific evidence or not ?

3. Why the FSL Madhya Pradesh is not taking care of submitting the DNA test report or any scientific or forensic report before the Trial Court at the earliest ?

4. In case if the DNA test report is not submitted and ultimately the accused is acquitted on the ground that the prosecutrix has not supported the prosecution case, then whether the prosecution specifically the Director, FSL, Bhopal will not be responsible for the acquittal of the accused specifically in the light of Hemudan Nanbha Gadhvi (Supra) ?

5. What steps have been taken to improve the working condition of FSL units functioning within the State of Madhya Pradesh ?

6. Whether the FSL unit Bhopal or other RFSL units, having the facilities to carry out the DNA test are functioning with full capacity or not ?

7. The Director, FSL Madhya Pradesh is also directed to give a detailed report with regard to the safe storage of articles received by them. The concerning register shall also be produced before this Court for its perusal.

The affidavit must be filed latest by 12th June, 2022.

List this case on 13th June, 2022.

(G.S. AHLUWALIA) JUDGE

Aman AMAN TIWARI 2022.05.12 15:55:34 +05'30'