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Rape/POCSO Cases- "Send DNA, Other Reports To Concerned Authorities Within 15 Days As Per Govt Circular": Allahabad HC To DGP

Sparsh Upadhyay
4 Oct 2021 3:42 PM GMT
Rape/POCSO Cases- Send DNA, Other Reports To Concerned Authorities Within 15 Days As Per Govt Circular: Allahabad HC To DGP
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The Allahabad High Court recently directed the Director-General of Police to ensure that the report regarding the articles recovered or taken into custody while investigating a POCSO case Act or DNA reports etc. in rape cases must be communicated to the concerned District Authorities within 15 days.The Bench of Justice Rajeev Singh issued this direction in view of the Government's 2018...

The Allahabad High Court recently directed the Director-General of Police to ensure that the report regarding the articles recovered or taken into custody while investigating a POCSO case Act or DNA reports etc. in rape cases must be communicated to the concerned District Authorities within 15 days.

The Bench of Justice Rajeev Singh issued this direction in view of the Government's 2018 circulars and thereby noting that in a number of cases, the directions contained in Circulars were not being complied with. 

The matter in brief

The Court was hearing the bail plea of one Mahfuj who has been accused of murdering his father and was implicated in the case on the basis of his confessional statement as well as the statement of his neighbor Shaban.

Allegedly, his father was repeatedly asking him not to get intimate with his bhabhi, as a result of which, he killed his father and he accepted this fact before the investigative officer.

Also, his neighbor stated to the Investigating Officer that on the previous evening of the date of the incident, he had asked him for a knife, and on the night of 16.06.2020, the applicant's father was killed and the knife was recovered from the spot.

However, his counsel submitted that the charge sheet has been filed and after the committal, the charges were framed by the trial court and the informant, as well as the mother of the applicant, were examined before the trial court, who did not support the prosecution version.

On the other hand, the A.G.A., while opposing the prayer for grant of bail to the applicant, submitted that during the course of the investigation, involvement of the applicant was found and the knife, used in the crime, was identified by witness Shaban.

It was also submitted that as per the FSL report placed by the Director, human blood was found on all the articles and therefore, it was submitted that the applicant is not entitled for bail.

Court's order

Taking into account the statement of the applicant's neighbor that the applicant had asked for the knife from him in the previous evening of the date of the incident and the same knife was used in the killing of the father of the applicant, the court held that he was not entitled to be released on bail.

However, the trial court was directed to conclude the trial of the case within a period of six months without giving any unnecessary adjournments to either of the parties.

Case title - Mahfuj v. State of U.P

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