It is our privilege to share with
you all that, we could successfully implement another project that will help
the police department to use DNA evidence in rape case effectively and
properly. This Pilot Project is implemented successfully in Wardha under the
leadership of Superintendent of Police- Shri Ankit Goyal.
In a unique initiative, we will
be in a process to implement the 11 year old law (164 A CrPC & 53 A
CrPC) effectively.
We have replaced the old police investigation
formats with the new one drafted for proper and correct use of DNA evidence.
We had submitted a detailed report
to Home Minister Shri Devendra Fadnavis for necessary action through
Prof & Head Dr. BH Tirpude sir.
Materials studied
to draft the said report:
1) 97 judgments delivered by High Courts of Maharashtra in
2010-2015. Out of 97, 54 cases occurred between 2005 to 2013. These cases
include the cases of 26 districts of Maharashtra.
2) Questions asked by the cops of 13 districts to FSL while
forwarding biological evidence for analysis (Gondiya, Chandrapur, Pune,
Snagali, Solapur, Wardha, Nagpur, Latur, Kolhapur, Yawatmal, Amravati Mumbai,
Nashik).
Existing lacunae as
per the Report:
1) Semen was found on the victim’s clothes in 15% cases but DNA
was NOT DONE in all the case i.e., 100% (Even those occurred after 2005
and upto 2013). Even, in 60% cases blood group was not done to match it with
the accused.
2) High Courts had observed that though semen was found on
the cloths of the victim, no grouping or DNA was done, hence possibility of
sprinkling of semen of other person on the cloths by police cannot be ruled
out.
3) Though in some cases blood group of semen on victim’s
clothes was determined but, police doesn’t prove the blood group of accused and
also does not prove that the semen doesn’t belong to victim’s husband.
4) Around 50% cases Blood group of the accused was also not
determined.
Reasons for the loopholes:
·
Inadequate &
improper questions asked by the cops to FSL while forwarding biological
evidence collected from the victim, crime scene and accused (Blood, Semen
stains, cloths, hair fibres, condom etc) for chemical analysis.
