MyNation KnowledgeBase

Landmark Judgments and Articles on Law

Register to Download

DNA test Procedure in Rape case to be followed by doctors and police

Madhya Pradesh High Court




Mr. Kaustubh Singh, learned counsel for the applicants.

Mr. K.S.Patel, learned Panel Lawyer for the respondent/State.

This is an application U/s.439 of Cr.P.C. in connection with Crime No.26/16 registered at P.S. Burhar, Shahdol for offences U/s.376, 305/34 of I.P.C. and Section 5/6 of POCSO Act.

This is a case where a minor girl allegedly in a relationship with the applicant herein on the false pretext of marriage is said to have become pregnant by the applicant on account of which, she committed suicide.

Learned counsel for the applicant states that the applicant has been framed in this case and that the deceased was in relationship with one Priyanshu, who was a minor. Learned counsel for the State on the other hand has read out the statements under Section 161 of the Cr.P.C. of Chandrawati, mother of the deceased and also of Sakshi, who is friend of the deceased, wherein these witnesses have stated that the applicant herein had illicit relationship with the deceased on account of which she became pregnant.

Be that as it may, looking to the facts and circumstances of the case, I am currently not inclined to allow the instant application for grant of bail to the applicant Raja Burman @ Rahul under Section 439 of Cr.P.C. and therefore dismiss the same. It has been seen that in number of cases relating to rape, the most powerful investigative tool which is available to the police is the DNA test which is seldom being resorted to. The DNA report can either confirm or exclude the involvement of the accused. The police is directed that in every case under Section 376 of I.P.C.:-

See also  Example Written arguments in Domestic Violence case on behalf of Husband

(a) under which the doctor preparing the MLC of the prosecutrix prepares vaginal slides and clothing of the prosecutrix, which upon test by the FSL confirms the presence of human sperm then such slides must then be sent for DNA verification with the blood sample of the suspect.

(b) where the prosecutrix is rendered pregnant on account of the rape and if birth takes place, then a DNA verification be sought to ascertain paternity of the child which will again either confirm or exclude the suspect. If the foetus is aborted, then the tissue sample of the foetus be tested alongwith the sample of the suspect to see if they match, and

(c) in the event of the death of the prosecutrix during pregnancy, then also procedure enunciated in (b) to be followed.

Learned counsel for the State is requested to transmit a certified copy of this order to the Director General of Police, M.P. for its further transmission to Superintendents of Police of various districts, so that such cases u/s 376 of I.P.C. are effectively investigated and promptly dealt with.


Leave a Reply

Your email address will not be published. Required fields are marked *

Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link
MyNation Times Magzine

All Law documents and Judgment copies
Laws and Bare Acts of India
Important SC/HC Judgements on 498A IPC
Rules and Regulations of India.


CopyRight @ MyNation

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Section 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

See also  FIR quashed, Misuse of Power by Police
MyNation FoundationMyNation FoundationMyNation Foundation