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Allahabad High Court Asks UP Govt To Take Steps For Expeditious Examination Of Viscera Samples To Avoid Delay In Probes

Sparsh Upadhyay
7 Nov 2021 9:00 AM GMT
Allahabad High Court Asks UP Govt To Take Steps For Expeditious Examination Of Viscera Samples To Avoid Delay In Probes
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Observing that there is no proper mechanism in place for expeditious examination of viscera samples, the Allahabad High Court has directed the Uttar Pradesh Government to take up the issue for expeditious examination of viscera samples to help the Investigating Agency. Essentially, the Bench of Justice Samit Gopal was hearing a bail application filed by one Tahir Khan of Jhansi...

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Observing that there is no proper mechanism in place for expeditious examination of viscera samples, the Allahabad High Court has directed the Uttar Pradesh Government to take up the issue for expeditious examination of viscera samples to help the Investigating Agency. 

Essentially, the Bench of Justice Samit Gopal was hearing a bail application filed by one Tahir Khan of Jhansi district in Uttar Pradesh, who has been booked under Section 363, 366 of IPC read with Section 3(2) 5 of SC/ST Act and Section 11/12 of POCSO Act.

Background of the case

During the course of the last hearing, the Court had asked the investigating officer as to why he did not add the charge of Murder against the Accused since the girl/victim was allegedly kidnapped by the applicant and he got the victim admitted to the hospital where she died on November 3, 2020.

In the affidavit, the probe officer submitted that the viscera of the victim was sent for chemical analysis/examination in March 2021, however, the same was not examined till October 22 and that's why nothing can be said regarding the death of the victim (whether it was natural or homicidal).

In light of this, it was argued by the State Government that as and when the report of Forensic Lab is received, the same shall be supplemented in the investigation and forwarded to the concerned court for necessary action and consideration in the matter.

The AGA also contended that the viscera report was expected to be made available within three weeks.

Court's observations 

At the outset, the Court observed that the examination of viscera is an integral part of an investigation that may provide a link regarding the cause of death or give a lead in the matter and that the investigation remains lacking in the event of non-receipt of the report of Chemical Examiner.

Further, the Court noted that the delay in examination of viscera was seen not only in this case but in many other cases.

Against this backdrop, the Court importantly observed thus:

"Result is thus that the opinion of the Investigating Officer is lacking in so far as the opinion of expert with regards to viscera is concerned. It is observed that there is no method evolved till date for speedy analysis of viscera so that the investigation may be completed in one go and a report may be filed after its conclusion in whatsoever nature it may be"

Further, stressing that there is no proper method evolved for expeditious examination of viscera which would help the Investigating Agency to reach its conclusion in the matter, the Court issued the following direction:

"The higher authorities being Director General of Police, U.P., Lucknow and the Secretary, Home, Government of U.P., Lucknow are called upon to take up this issue at their end for expeditious examination of visceras to help the Investigating Agency and also which would not be an impediment before the courts in deciding matters."

Lastly, on the request of learned A.G.A., the matter was adjourned and he was directed to get the examination of viscera expedited and file its report by 11.11.2021 by means of an application/affidavit. With this, the Court listed the matter for November 11, 2021.

Case title - Tahir Khan v. the State Of U.P And Another 

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