MP Supreme Court ‘shocked’ by police support for accused in rape case and suspects ‘deliberate’ increase in improper DNA testing in several rape cases

The Madhya Pradesh High Court has expressed its “outrage” over a rape case in which the police’s conduct during investigation revealed “support” of the accused.

The bench of Justice GS Ahluwalia while dealing with the application for interim bail of an accused involved in gang rape and other charges observed:

“It is truly shocking that the rape of a girl is not only a heinous crime but also an attack on the plaintiff’s feelings and self-esteem. and at the same time, the police stood by the accused with all their might. It is time for the police to show seriousness and concern for the girls’ safety.”

Concerns have also been raised that the police are ignoring the Supreme Court ruling that accused persons have no say in investigations.

“The court has already examined the conduct of the police in investigating the matter and found that the final report submitted by the police was not worth accepting. Added to this is the fact that despite the presence of the petitioner at the police station, the police did not take any coercive action and danced to the tune of the petitioner all the time, contrary to the law laid down by the Supreme Court that investigation cannot be conducted on the basis of the accused’s dictates..”

The applicant was charged under sections 376-D, 294, 506 and 34 of the IPC. His blood samples were taken and as per DNA test report, very few uninterpretable Y chromosomes were found. Police then submitted a final report which was rejected by the court. Hence, the present pre-arrest bail application is pending.

The State refused bail on the grounds that the applicant had evaded arrest, which led to proceedings under sections 82 and 83 of the Penal Code.

The High Court rejected the application, pointing out that there had been repeated reports of very low, uninterpretable Y chromosomes in DNA tests in several cases, which raised doubts about the quality of the forensic procedures. It found:

“Whether the laboratory is not equipped with an approved DNA testing kit or the scientific staff are deliberately avoiding conducting the DNA test properly is a matter for the Director General of Police to examine.” and asked the DGP to intervene.

Case Title: Jagdish Prasad Dixit v. State of Madhya Pradesh

Case No. MISCELLANEOUS CRIMINAL CASES No. 37350 of 2024

Click here to read/download the order