The legal point established is that the non-filing of the FSL/DNA report along with the challan does not entitle the accused to default bail under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Headnote:
Default Bail - Criminal Appeal - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 14-A(1)
Fact of the Case:

The appellant filed a repeat criminal appeal against the rejection of his bail application for offenses under sections 376 of the Indian Penal Code and section 3(1)(w)(i) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appellant argued that he was entitled to default bail as the challan was not complete and the FSL/DNA examination report had not been filed along with the challan.
Finding of the Court:

The court found that the medical examination of the victim of rape, including the collection of material for DNA profiling, is covered under section 164-A of the Code of Criminal Procedure. It concluded that the non-filing of the FSL/DNA report along with the challan did not entitle the appellant to default bail.
Issues: The main issue was whether the appellant was entitled to default bail due to the non-filing of the FSL/DNA report along with the challan.
Ratio Decidendi: The court interpreted the provisions of section 164-A of the Code of Criminal Procedure, which mandates the medical examination of the victim of rape and the collection of material for DNA profiling. It held that the non-filing of the FSL/DNA report along with the challan did not warrant the grant of default bail.
Final Decision: The appellant's application for default bail was dismissed, and the Government Advocate was directed to call for the case diary for further consideration.

ORDER/JUDGMENT : – Shri Utkarsh Agrawal, learned counsel for the appellant.

Shri D. K. Parouha, learned Government Advocate for the respondent No. 1/State.

Heard on I. A. No. 15646/2022, an application for default bail. 2. Appellant has filed this repeat (2nd) criminal appeal under section 14-A(1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against rejection of his bail application by Special Judge SC and ST (POA) Act, Balaghat vide order dated 10-8-2022.

3. Earlier appeal filed by appellant was dismissed as withdrawn vide order dated 14-7-2022.

4. Appellant has been arrested on 23-5-2022 in connection with Crime No. 21/2022 registered at Police Station-Mahila Thana, District-Balaghat (M. P.) for offences punishable under sections 376 of Indian Penal Code and section 3(1)(w)(i) and 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

5. Learned counsel for the appellant submitted that appellant is entitled to default bail as Court cannot take cognizance of case as challan is not complete and FSL/DNA examination report has not been filed along with the challan. In view of same, appellant is entitled to default bail. Counsel appearing for the appellant relied on section 173(2)(i), which reads under :

“173(2)(i). As soon as it is completed, the officer in charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed by the State Government, stating – (a) the names of the parties; (b) the nature of the information; (c) the names of the persons who appear to be acquainted with the circumstances of the case; (d) whether any offence appears to have been committed and, if so, by whom; (e) whether the accused has been arrested; (f) whether he has been released on his bond and, if so, weather with or without sureties; (g) whether he has been forwarded in custody under section 170. (h) whether the report of the medical examination of the woman has been attached where investigation relates to an offence under (sections 376, 376-A, 376-AB, 376-B, 376-C, 376-D, 376-DA, 376-DB) or section 376-E of the Indian Penal Code (45 of 1860).”

6. In view of same, Investigating Officer is bound by law to file FSL/DNA report along with challan and in absence of same, cognizance cannot be taken. It is further submitted that medical examination, which is mentioned in section 173(2)(h) of Code of Criminal Procedure Code, 1973 is not defined under section 2 of Code of Criminal Procedure, but, same is mentioned in section 53 of Code of Criminal Procedure. Section 53 of Code of Criminal Procedure is quoted hereinunder :

“53. Examination of accused by medical practitioner at the request of police officer. – (1) When a person is arrested on a charge of committing an offence of such a nature and alleged to have been committed under such circumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub- inspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably for that purpose. (2) Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner. Explanation. – In this section and in sections 53A and 54, – (a) “examination” shall include the examination of blood, blood stains, semen, swabs in case of sexual offences, sputum and sweat, hair samples and finger nail clippings by the use of modern and scientific techniques including DNA profiling and such other tests which the regis

Click Here to Read the rest of this document