HC Upholds Conviction Under POCSO Act, Emphasizes Need for Uniform Protocol in DNA Evidence Preservation - 2025-12-10

Justice in the Balance: Forensic Lapses and the Integrity of DNA Evidence

The High Court of Delhi has upheld the 20-year prison sentence for a man convicted of the sexual assault of his minor niece, but the judgment serves as a broader, scathing critique of how critical biological evidence is handled by investigative and medical authorities in India. While the guilt of the appellant, Darshan Mohar, was established through "cogent and consistent" victim testimony, the court expressed deep concern over the failure of forensic science due to improper preservation of evidence—specifically, the "degradation of the product of conception."

A Night of Betrayal

The case dates back to January 2020, when the victim, a 17-year-old girl, was left alone at home with her maternal uncle while other family members were out for work or hospital visits. The court heard that the accused locked the door, gagged the minor, and forcibly established physical relations. Traumatized by the death of her mother and fear of the accused's threats, the victim remained silent for months. The harrowing discovery only surfaced in May 2020, when persistent abdominal pain led to a hospital visit revealing a 15-week pregnancy.

Arguments in the Courtroom

The appellant challenged the Trial Court’s findings, arguing that the prosecution suffered from "material inconsistencies," specifically pointing to the five-month delay in filing an FIR and the absolute lack of contemporaneous medical or DNA evidence.

Conversely, the State emphasized that in cases of child sexual assault, such delays are the normative reaction of a traumatized minor. They argued that the victim’s version—disclosed consistently to doctors and police officers—was corroborated by medical ultrasound reports and the overall psychological fragility of the survivor.

The Forensic Failure: Formalin's "Killer" Effect

Perhaps the most significant aspect of the judgment is the court's address of the "lost" DNA evidence. Fetal tissue recovered from the medical termination of pregnancy was preserved in formalin. The Assistant Director of the CFSL, Bhopal, testified that this was a catastrophic error: > "Preservation of fetal tissue in formalin is known to (i) fragment DNA, and (ii) introduce inhibitors that prevent PCR amplification, thereby rendering DNA profiling impossible."

The High Court noted that this failure was entirely preventable had the protocols—specifically those prohibiting formalin in favor of normal saline and cold chain maintenance—been followed.

Key Observations

The High Court’s ruling included several piercing observations regarding the judicial handling of victims and the necessity of forensic rigor:

• On Demeanor as Evidence: "Section 280 of the Cr.P.C. mandates that while recording the evidence of a witness, the Judge or Magistrate shall also note any remarks that he considers material regarding the demeanour of the witness."
• On Survivor Trauma: "In cases of sexual assault, victims often find it extremely difficult to recount the incident repeatedly... Such hesitation or emotional breakdowns must therefore be viewed with sensitivity and not as indicators of untruthfulness."
• On Forensic Accountability: "If forensic laboratories (FSL) do not accept samples on weekends or public holidays, it is unclear how investigating agencies are expected to comply with the Hon’ble Supreme Court’s mandate that DNA samples be transported without delay."

The Verdict and Future Projections

The High Court upheld the Trial Court's conviction and 20-year sentence. However, the ruling concludes by directing copies of the judgment to the Home Secretary, the Delhi Commissioner of Police, and the Directors of FSL and CFSL.

The decision serves as a stern reminder that while oral testimony remains the bedrock of justice in India, the failure of state machinery to maintain scientific integrity in evidence collection can—and often does—undermine the pursuit of truth. By referencing the Supreme Court’s recent guidelines in Kattavellai v. State of Tamil Nadu , the Delhi High Court has signaled that the era of "procedural negligence" regarding forensic evidence must come to an end. Investigators and medical staff are now expected to adopt rigorous, standardized protocols to ensure that, in future cases, the "DNA of justice" is never again allowed to degrade.