Lapse to carry out DNA profiling can't decide fate of rape trial: SC

New Delhi, May 13

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Omission to carry out DNA profiling can’t be allowed to decide the fate of trial for the offence of rape, especially when it is combined with murder, as the cause of criminal justice would become the victim in case of acquittal only on account of such a flaw in the investigation, the Supreme Court said on Friday.

Commuting the death sentence awarded to a man for raping and murdering an eight-year-old girl to life imprisonment with the stipulation, a three-judge Bench headed by Justice AM Khanwilkar said he shall not be entitled to premature release or remission before undergoing actual sentence for 30 years.

The verdict came on an appeal filed by the convict challenging a Madhya Pradesh High Court verdict confirming the capital punishment awarded to him by a trial court.

The Bench, which also included Justice Dinesh Maheshwari and Justice CT Ravikumar, said the convict’s counsel had contended that no DNA test was conducted to connect the appellant to the samples found on the body of the deceased, and thereby, Section 53A of the CrPC — which deals with examination of a rape accused by a medical practitioner — was violated.

“In view of the nature of the provision under Section 53A of the CrPC and the decisions referred…. we are also of the considered view that the lapse or omission (purposeful or otherwise) to carry out DNA profiling, by itself, cannot be permitted to decide the fate of a trial for the offence of rape especially, when it is combined with the commission of the offence of murder as in case of acquittal only on account of such a flaw or defect in the investigation the cause of criminal justice would become the victim,” the Bench said.

It noted that even if such a flaw had occurred in the investigation in a given case, the court has still a duty to consider whether the materials and evidence available on record before it is enough and cogent to prove the case of the prosecution.

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