Forensic Lab Overburdened With Work, DNA Test Results Delayed; Bombay HC Postpones Hearing In Binoy Kodiyeri's Case To June 2021
The Bombay High Court has posted the hearing in Binoy Kodiyeri Balakrishnan's plea for quashing of FIR to June 2021 after police informed the Court that the Directorate of Forensic Science Laboritories (DFSL) which is supposed to examine the DNA sample obtained from Binoy, is overburdened.
Division bench of Justice Ranjit More and Justice NJ Jamadar was hearing Binoy's plea for quashing of FIR registered against him under Sections 376, 376(2)(n), 420, 504, 506 of the Indian Penal Code at Oshiwara Police Station.
Binoy Kodiyeri gave a DNA test after securing pre-arrest bail on the condition that he would take the DNA test and co-operate with the Police in the said investigation. He had failed to take the test on three previous occasions.
According to the complainant, Binoy cheated her into having a sexual relationship with him after promising to marry her. She claims they have an eight-year-old child and she was not aware that Kodiyeri was already married until recently when she discovered photos on Facebook with his wife. She allegedly met Binoy in 2009 in Dubai while she was working at a bar.
Binoy is the son of Kodiyeri Balakrishnan, the Secretary of CPI(M), Kerala. He absconded after the Mumbai police went looking for him to Kerala.
DFSL Kalina Overburdened
It is no secret that the Directorate of Forensic Science Laboratories in Kalina is overburdened with work. Even 4 years ago in 2015, DFSL Kalina was short staffed and consequently overburdened.
However, in July, Police had told the Court that the DNA test result will be submitted within two weeks after Binoy gave his blood sample at JJ Hospital, Byculla. But, in September, investigating officers in the said case informed the Court that the result of Binoy Kodiyeri's DNA test would be delayed as the DFSL is overburdened.
As per the High Court website, next date of hearing is June 9, 2021.