The High Court of Madhya Pradesh recently directed action against a lower court judge for not considering a crucial medical evidence of DNA report while acquitting the accused in a POCSO case. The Court observed that despite the medical report being brought on record, the same did not find mention in the impugned judgment passed by the respective trial court judge.
The division bench of Justice Sujoy Paul and Justice D.D. Bansal was hearing the application for grant of leave to appeal moved by the State against the impugned judgment passed by the lower court, whereby the accused was acquitted of charges punishable U/S 376-(A) (B), 377 IPC, U/S 6 POCSO Act and U/S 3(2)(5) of SC/ST (Prevention of Atrocities) Act for allegedly raping the Prosecutrix who, at the time of the incident, was 10 years old.
The State submitted before the Court that as per the finding of the lower court, the Prosecutrix was aged about 10 years old and that as per the provisions of the POCSO Act U/S 29&30, there is a presumption of commission of crime unless proved otherwise.
Examining the trial court record, the Court noted that the lower court committed a serious flaw by not considering the scientific evidence and thus, concluded that a strong case was made out for grant of leave-
"During the trial, PW-9 Shri K.L. Barkade entered the witness box and produced the DNA report which is in favour of the prosecution. Sadly, in the entire judgment there is no whisper about that DNA report which was even marked as Exhibit P-29. There is serious flaw in the judgment because of non consideration of a material scientific evidence."
"We have seen the statement of PW-9 as well as Ex. P-29 (DNA report). There is no mention about this report in the entire judgment. Thus, a strong case is made out for grant of leave."
With the aforesaid observations, the Court directed the Registry to convert the application moved by the State into an appeal. The Court further directed the Registry to take steps for action against the lower court judge who had passed the impugned judgment-
"The copy of this order-sheet be sent to the Registrar General of this Court for placing the order before the appropriate committee on the administrative side so that appropriate action/decision may be taken against the erring judge for not considering a crucial medical evidence of DNA report in the impugned judgment."
Title: State of Madhya Pradesh v. Golu