Delay in trials of sexual offences against kids: Forensic lab assures court of prompt purchase of DNA kits

The Forensic Science Laboratory (FSL) at Madhuban in Karnal on Friday assured a special fast-track court holding trial of Protection of Children from Sexual Offences (POCSO) Act cases in Palwal that the process of purchase of DNA PCR kits has been expedited.

The FSL’s undertaking came in response to the special POCSO court’s May 19 directions for submitting a compliance report specifying the exact location of the file regarding the purchase of the DNA kits, and the name and designation of the concerned officer for further action by the court.

The POCSO fast-track court of additional sessions judge (ASJ) Prashant Rana, which is holding a trial in the rape and murder of a seven-year-old girl, had taken cognizance of non-availability of DNA PCR kits and the resultant effect on the conclusion of POCSO trials in the absence of DNA test reports.

Incensed at the non-availability of DNA kits, the fast-track court told the state authorities that the precious time of the court was being wasted. “The witnesses, including doctors and experts, cannot be examined in the absence of DNA report. In entire Haryana, 1,500 such pending trials of heinous sexual offences against women and child victims cannot be concluded. The very purpose of setting up of the fast-track courts, seems to have been lost by the inaction on part of concerned officers. The inaction amounts to continuing non-compliance of the July 25, 2019 directions of the Supreme Court (SC). It also amounts to obstruction in the administration of justice in 53 trials pending trial in this court which await the DNA reports. Apart from the rights of the victims awaiting justice, the Constitutional rights of the accused to a fair trial are also being defeated by the inaction. The same is unacceptable to the courts of law working in the interest of justice,” the POCSO court held.

FSL DNA division assistant director Rajiv Kwatra assured the POCSO court that, “A requirement of 40 autosomal DNA kits and 20 Y-marker kits has already been sent to the Haryana DGP. After receiving the kits, the DNA report shall be submitted at the earliest.”

The FSL officials told the court that once the file is approved by the DGP and the additional chief secretary, home department, it would come back to the FSL director, Madhuban, and the kits shall be purchased at the earliest.

The fast-track court said the FSL assistant director shall submit a progress report with regards to the DNA reports to the court after purchase of DNA PCR kits on the next date of hearing. He shall personally pursue the purchase file and expedite the process, the court said.

The court said in the present case of rape and murder of a seven-year old girl, blood stains and human semen were detected on her clothes and body. After the pulindas were sent to RFSL, Bhondsi, for biological report on June 1, 2021, the report was prepared by serological expert on June 4. Since the clothes and body of the victim had blood and semen, the samples were further sent to Madhuban FSL in Karnal for DNA analysis. However, the DNA report has not been submitted in this court since June 2021, on account of non-availability of DNA PCR kits.

Accordingly, on the last date of hearing, directions were given to the FSL director to expedite the procedure of purchase of DNA PCR kits as 53 cases pending trial in the court are awaiting DNA report.

As told by the assistant director, FSL, Madhuban, at present 1,600 reports are pending to be prepared in the absence of DNA PCR kits. The cost of one kit is around ₹4 lakh i.e. around ₹2.4 crore shall be required for the purchase of 60 kits required at present.

Quoting directions of the SC, the court said that state governments have been directed to make sure that the existing and available FSLs function in an effective manner insofar as analysis etc. of the samples collected under the POCSO Act are concerned and reports of such analysis be sent promptly and without any delay. The apex court had also ordered setting up of special POCSO courts to fast-track the trial of cases.