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2016 Supreme(Mad) 1850
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.N. PRAKASH, J.
Palaniappan - Petitioners
Vs.
The Inspector of Police, Nagavalli Police Station, Salem - Respondent
Crl.O.P.No.13631 of 2016 and Crl.M.P.No.6998 of 2016
Decided On : 30-06-2016
For the Appellant : Mr.T.Ganesan
For the Respondent: Mr.C.Emalias, APP
The court has the authority to order DNA profiling in criminal cases, and the result can be directly submitted to the trial court. In cases where DNA evidence is crucial, the court may stay proceedings pending the receipt of the DNA test result.
Headnote:
DNA Profiling - Criminal Prosecution - The court ordered the petitioner, facing prosecution for sexual offenses, to undergo DNA profiling along with the victim and the child. The DNA test result was ordered to be submitted directly to the trial court, and further proceedings were stayed until the receipt of the result.
Fact of the Case:
The petitioner was facing prosecution for sexual offenses under the POCSO Act and IPC. The petitioner filed a petition for DNA profiling, which was allowed by the trial court but not acted upon, leading to the petitioner approaching the court for relief.
Finding of the Court:
The court directed the police to facilitate the collection of blood samples from the petitioner, the victim girl, and the child for DNA profiling. It ordered the DNA profiling to be completed expeditiously and the result to be submitted directly to the trial court. Further proceedings in the trial court were stayed until the receipt of the DNA test result.
Issues: Failure to conduct DNA profiling despite court's order, Stay of proceedings pending DNA test result
Ratio Decidendi: The court has the authority to order DNA profiling in criminal cases, and the result can be directly submitted to the trial court. In cases where DNA evidence is crucial, the court may stay proceedings pending the receipt of the DNA test result.
Final Decision: The court ordered the petitioner, victim girl, and the child to undergo DNA profiling, directed the expeditious completion of the DNA test, and stayed further proceedings in the trial court until the receipt of the DNA test result.
This petition has been filed to stay all further proceedings in Spl.S.C.No.45 of 2015 on the file of the Mahila Court, Salem, until receipt of DNA test result.
2. Heard the learned counsel for the petitioner; learned Additional Public Prosecutor appearing for the respondent and perused the materials placed on record.
3. It is seen that this petitioner is facing prosecution before the learned Sessions Judge, Mahila Court, Salem in Spl.S.C.No.45 of 2015 for offences under Section 6 r/w 5[1][J][2] of POCSO Act, 2012 r/w Section 376[2] of IPC. It is the case of the prosecution that the petitioner had sexually abused the victim girl and that, she conceived and delivered a boy child. During investigation, the police had not subjected the petitioner, the victim and the child to DNA profiling. During trial, the petitioner filed C.M.P.No.796 of 2015 in Spl.S.C.No.45 of 2015 for a direction to have the DNA profiling done. The trial Court allowed the petition by order dated 16.12.2015. Despite which, no steps have been taken in this regard and hence, the petitioner is before this Court.
4. Today, Mr.S.Krishnan, Inspector of Police, Jalakandapuram Police Station Circle, Salem District is present before this Court and he is directed to depute a women Sub Inspector, who should take the identification particulars of the petitioner, the victim girl and the child. Thereafter, the women Sub Inspector is directed to collect the blood card [FTI card] from the Deputy Director, DNA Division, Tamil Nadu Forensic Laboratory, Chennai-04. After collecting the blood card [FTI card], the women Sub Inspector is further directed to take the petitioner, the victim girl and the child to the Dean, Mohan Kumaramangalam Government Hospital, Salem for drawal of blood samples. The Dean, Mohan Kumaramangalam Government Hospital, Salem is further requested to make arrangements for drawal of blood samples. At that time, the petitioner shall take a photographer at his cost, who shall take photos of the petitioner, the victim girl and the child. The photos shall be handed over to the women Sub Inspector, who should collect the blood card [FTI card] under proper acknowledgment and submit the same to the Deputy Director, DNA Division, Tamil Nadu Forensic Laboratory, who is directed to complete the DNA profiling and send the report directly to the learned Sessions Judge, Mahila Court, Salem, expeditiously.
5. The Inspector of Police, Jalakandapuram Police Station Circle, Salem District is directed to complete the exercise of drawal of samples and sending the same to the Forensic Department, within one month from the date of receipt of a copy of this order. Until receipt of the DNA test result, the proceedings in Spl.C.C.No.45 of 2015 on the file of the Mahila Court, Salem is stayed. Consequently, connected Miscellaneous Petition is closed.
