2014 Supreme(Jhk) 494
IN THE HIGH COURT OF JHARKHAND AT RANCHI
D.N. UPADHYAY, J.
Md. Idris Ansari - Petitioner
Versus
The State of Jharkhand & Ors. – Respondents
W.P. (Cr.) No. 7 of 2014
Decided on: 11.04.2014
Advocate Appeared
For the Petitioner:Mr. Abhay Shankar Dayal, Advocate, Miss. Supriya Dayal, Advocate.
For the Respondent:Mr. Ram Nivas Roy, Advocate.
Scientific investigation is essential in cases based on circumstantial evidence. Police officers should be given intensive training on scientific investigation and evidence collection. Forensic science laboratories have a duty to provide training. DNA profiling is useful for criminal identification.
Headnote:
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Fact of the Case:
The petitioner filed a writ petition seeking identification of the dead body of his son. After conducting a DNA test, it was confirmed that the dead body belonged to the petitioner's son. The dead body was handed over to the petitioner for cremation. The petitioner expressed his dissatisfaction with the state of affairs in the State of Jharkhand.
Finding of the Court:
The court observed that scientific investigation is essential in cases based on circumstantial evidence. It criticized the lack of knowledge among police officers and investigating agencies regarding the proper utilization of the forensic science laboratory. The court cited an article by Hon'ble Justice Jitendra Nath Bhatt, highlighting the importance of forensic science in the administration of justice and the usefulness of DNA profiling in criminal identification. The court directed the Principal Secretary, Home to ensure intensive training for police officers on scientific investigation and collection of evidence. The court also emphasized the duty of the forensic science laboratory to provide training. The court concluded that since the dead body had been identified and handed over to the petitioner, no further orders were necessary. The personal appearance of the Director, State Forensic Science Laboratory and the Superintendent of Police, Dhanbad was dispensed with, with a caution to be vigilant in the future.
Ratio Decidendi: Scientific investigation is essential in cases based on circumstantial evidence. Police officers should be given intensive training on scientific investigation and evidence collection. Forensic science laboratories have a duty to provide training. DNA profiling is useful for criminal identification.
Result: The writ petition is disposed of. No harsh orders are passed against the police officers involved. The Director, State Forensic Science Laboratory and the Superintendent of Police, Dhanbad are cautioned to be vigilant in the future.
By the Court - The S.P., Dhanbad and the Director, State Forensic Science Laboratory have put their appearance.
2. Learned Counsel appearing for the State has submitted that after holding another D.N.A. Test, it became clear that the writ petitioner is the father of Md. Israil and the dead body which was lying in the morgue is that of Md. Israil. It is further pointed out that the dead body of Md. Israil has already been handed over to the writ petitioner for its cremation and for performing last rituals.
3. Learned Counsel appearing for the writ petitioner has submitted that the petitioner has undergone great mental agony in order to collect the dead body of his son and lastly he had to file writ petition before this Hon’ble Court so that dead body could be identified. It is further submitted that the grievance of the writ petitioner has now come to an end but such a sorry state of affair prevailing in the State of Jharkhand is required to be condemned in strict words.
4. The brief facts behind this writ petition is that Israil Ansari (son of the writ petitioner) left home on 10.07.2013 by saying that he is going to meet Ashok Patel and he was perplexed at the time he was leaving home. When the son of writ petitioner did not return, he lodged information to the police against Ashok Patel and others vide Bermo (Dugdha) P.S. Case No. 31/2013 on 19.07.2013.
5. On 15.07.2013 a highly decomposed halfly burnt dead body lying within Govindadih Jamri Pahar was located for which Dhanbad (Rajganj) P.S. Case No. 55 dated 15.07.2013, on the basis of information lodged by Choukidar Gambhir Mahto, was registered. The petitioner had gone to identify the dead body and he said that the dead body so recovered in connection with Dhanbad (Rajganj) P.S. Case No. 55/2013 is that of his son Md. Israil Ansari. It was requested to hand over the dead body but the request was turned down on account of further investigation which compelled the petitioner to file present writ petition.
6. It appears that after passing various orders in this writ petition, lastly the Police Officer and other Investigating Agency have come to a conclusion that the dead body which was recovered in connection with Rajganj P.S. Case No. 55/2013 and lying in the morgue of P.M.C.H., Dhanbad was that of Md. Israil but it could be done only after father of that unfortunate son has knocked the door of this Court. It is also experienced that the Police Officers, who are authorized to investigate into a case like murder, do not know as to which part of the dead body is required to be sent for the purpose of D.N.A. Test. It appears that in the cases based on circumstantial evidence, scientific investigation is the essence to find out the truth. Needless to observe that State of Jharkhand is having a very good Forensic Science Laboratory, which is having latest equipments and machine but unfortunately due to lack of knowledge among the Police Officers and Investigating Agency, it is not being properly utilized.
7. Hon’ble Justice Jitendra Nath Bhatt in his article “A profile of Forensic Science in Juristic Journey” published in (2003) 8 S.C.C. J-25, has stated “Forensic Science is an important branch of jurisprudence. It is a potent and powerful weapon in the armoury of administration of justice. Forensic Science provides scientific study for investigation of crime. The growth, development and use of Forensic Science in detection of crime in developed countries is tremendous and increasing with new techniques. The area of Forensic Science in India has, yet, not been fused, as it ought to have been after more than five decades of post-independence era and more so when an average acquittal rate is alarmingly high. Therefore, in our country, also the necessity and importance of Forensic Science hardly needs any emphasis.”
8. His Lordship has further observed “DNA is the abbreviation of deoxyribonucleic acid”. The structure of DNA varies from individual to individual. It is the basic