'Callous' approach in crime against women, High Court pulls up Rohtak police : The Tribune India

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'Callous' approach in crime against women, High Court pulls up Rohtak police

The court called for an affidavit by Rohtak Superintendent of Police after taking note of extremely callous approach adopted by the investigating agency in cases of heinous crime against women

'Callous' approach in crime against women, High Court pulls up Rohtak police


Tribune News Service

Saurabh Malik

Chandigarh, February 12

The Punjab and Haryana High Court has called for an affidavit by Rohtak Superintendent of Police after taking note of extremely callous approach adopted by the investigating agency in cases of heinous crime against women.

Apprise court of action taken

Thre is no illegality or perversity in the order passed by the trial court. Taking notice of the fact that in cases of heinous crime against women, a very callous approach is adopted by the investigating agency, the affidavit of the Superintendent of Police, Rohtak, is called for to apprise this court of the action taken in pursuance of the order passed by the trial court on October 12, 2021. — Justice Suvir Sehgal, Punjab & Haryana HC

Sample not preserved

The direction by the High Court for an affidavit by Rohtak SP came in a rape case where the blood sample of an accused taken during the course of investigation for DNA profiling could not be sent for testing as it was not preserved and got damaged

The direction by Justice Suvir Sehgal of the High Court came in a rape case where the blood sample of an accused taken during the course of investigation for DNA profiling could not be sent for testing as it was not preserved and got damaged.

The matter was brought to Justice Sehgal’s notice after an accused filed a petition challenging an order dated October 12, 2021, passed by Rohtak Special Judge-cum-Additional District and Sessions Judge vide which the state’s application for taking blood sample of the petitioner-accused for DNA analysis was allowed.

His counsel submitted that the blood sample of the accused-petitioner was taken for the DNA test during the course of investigation. But a fresh application was submitted, without getting any report, by the SHO concerned during the course of the trial when the prosecutrix was being examined. The counsel submitted that the blood sample could not be taken twice for testing.

Justice Sehgal asserted human semen was detected on the bed sheet in the present case, as per the report by the Regional Forensic Science Laboratory, Sunaria, Rohtak. It was, as such, imperative to get the blood sample of the accused for DNA profiling.

It was not the case of the accused that the prosecution was conducting the DNA profiling for the second time. In such a situation, the application’s filing by the state for collecting the blood sample could not be faulted with.

Justice Sehgal added the trial court had taken a serious view of the casual manner in which the investigation had been conducted before directing the Superintendent of Police and the Inspector-General of Police, Rohtak, to inquire into the matter and fix responsibility.

Dismissing the petition, Justice Sehgal added there was no illegality or perversity in the order passed by the trial court. “Taking notice of the fact that in cases of heinous crime against women, a very callous approach is adopted by the investigating agency, the affidavit of the Superintendent of Police, Rohtak, is called for to apprise this court of the action taken in pursuance of the order passed by the trial court on October 12, 2021,” Justice Sehgal concluded. The case will now come up for further hearing in April third week.

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