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2014 DIGILAW 497 (JHR)

Md. Idris Ansari v. State of Jharkhand

2014-04-11

D.N.UPADHYAY

body2014
ORDER By the Court - The S.P., Dhanbad and the Director, State Forensic Science Laboratory have put their appearance. 2. Learned Counsel appearing for the State has submitted that after holding another D.N.A. Test, it became clear that the writ petitioner is the father of Md. Israil and the dead body which was lying in the morgue is that of Md. Israil. It is further pointed out that the dead body of Md. Israil has already been handed over to the writ petitioner for its cremation and for performing last rituals. 3. Learned Counsel appearing for the writ petitioner has submitted that the petitioner has undergone great mental agony in order to collect the dead body of his son and lastly he had to file writ petition before this Hon’ble Court so that dead body could be identified. It is further submitted that the grievance of the writ petitioner has now come to an end but such a sorry state of affair prevailing in the State of Jharkhand is required to be condemned in strict words. 4. The brief facts behind this writ petition is that Israil Ansari (son of the writ petitioner) left home on 10.07.2013 by saying that he is going to meet Ashok Patel and he was perplexed at the time he was leaving home. When the son of writ petitioner did not return, he lodged information to the police against Ashok Patel and others vide Bermo (Dugdha) P.S. Case No. 31/2013 on 19.07.2013. 5. On 15.07.2013 a highly decomposed halfly burnt dead body lying within Govindadih Jamri Pahar was located for which Dhanbad (Rajganj) P.S. Case No. 55 dated 15.07.2013, on the basis of information lodged by Choukidar Gambhir Mahto, was registered. The petitioner had gone to identify the dead body and he said that the dead body so recovered in connection with Dhanbad (Rajganj) P.S. Case No. 55/2013 is that of his son Md. Israil Ansari. It was requested to hand over the dead body but the request was turned down on account of further investigation which compelled the petitioner to file present writ petition. 6. Israil Ansari. It was requested to hand over the dead body but the request was turned down on account of further investigation which compelled the petitioner to file present writ petition. 6. It appears that after passing various orders in this writ petition, lastly the Police Officer and other Investigating Agency have come to a conclusion that the dead body which was recovered in connection with Rajganj P.S. Case No. 55/2013 and lying in the morgue of P.M.C.H., Dhanbad was that of Md. Israil but it could be done only after father of that unfortunate son has knocked the door of this Court. It is also experienced that the Police Officers, who are authorized to investigate into a case like murder, do not know as to which part of the dead body is required to be sent for the purpose of D.N.A. Test. It appears that in the cases based on circumstantial evidence, scientific investigation is the essence to find out the truth. Needless to observe that State of Jharkhand is having a very good Forensic Science Laboratory, which is having latest equipments and machine but unfortunately due to lack of knowledge among the Police Officers and Investigating Agency, it is not being properly utilized. 7. Hon’ble Justice Jitendra Nath Bhatt in his article “A profile of Forensic Science in Juristic Journey” published in (2003) 8 S.C.C. J-25, has stated “Forensic Science is an important branch of jurisprudence. It is a potent and powerful weapon in the armoury of administration of justice. Forensic Science provides scientific study for investigation of crime. The growth, development and use of Forensic Science in detection of crime in developed countries is tremendous and increasing with new techniques. The area of Forensic Science in India has, yet, not been fused, as it ought to have been after more than five decades of post-independence era and more so when an average acquittal rate is alarmingly high. Therefore, in our country, also the necessity and importance of Forensic Science hardly needs any emphasis.” 8. His Lordship has further observed “DNA is the abbreviation of deoxyribonucleic acid”. The structure of DNA varies from individual to individual. It is the basic genetic material in all living beings. It carries the genetic code and, therefore, it is useful for proving the structure, human character, behaviour and body characteristics. His Lordship has further observed “DNA is the abbreviation of deoxyribonucleic acid”. The structure of DNA varies from individual to individual. It is the basic genetic material in all living beings. It carries the genetic code and, therefore, it is useful for proving the structure, human character, behaviour and body characteristics. DNA test is very useful for getting identification of criminals and other individuals, which is important in criminal justice. Undoubtedly, it has tremendously proved its worth, value, degree, credibility and authenticity. DNA-profiling, as such, is applicable to almost all materials and anatomy. It will be interesting to note that the quantities of DNA required for analysis are extremely small i.e. in micrograms and recent, latest techniques and surgery have shown that the requirements have become even less, whereas, the quality of evidence through DNA tests is not only macro, but also, very reliable and of high order of credence. 9. DNA-profiling is of great assistance in analysing, evaluating and solving the following kinds of issues: (i) Linkage of crime. (ii) Identification of the culprit or the victim. (iii) Correct parentage in disputed paternity cases etc. In Western countries, DNA test and profile is now widely employed. In a country like ours, such a test and profile may, hardly, be emphasized. Systematic programme and scientific planning ought to be started for the use of DNA test and profile. Orientation, seminars, workshops, publications ought to be carried out and methods for its utility, importance and awareness on the part of one and all concerned and functionaries in the criminal and civil justice delivery system in general and for police, courts and correctional institutions in particular.” 10. In the circumstances, the Principal Secretary, Home is directed to ensure that the Police Officers of the Jharkhand Police shall be given intensive training as to how scientific investigation is to be done and how to collect finger print, blood stained earth and other incriminating articles so that successful scientific investigation can be done to find out the truth and to apprehend the actual culprit. 11. Imparting training also comes within the duty of F.S.L. 12. Let a copy of this order be sent to the Principal Secretary, Home for its compliance. 13. Since an unknown dead body has been identified as that of Md. 11. Imparting training also comes within the duty of F.S.L. 12. Let a copy of this order be sent to the Principal Secretary, Home for its compliance. 13. Since an unknown dead body has been identified as that of Md. Israil and the same has already been handed over to the writ petitioner, I do not feel it desirable to pass any harsh order against the police officers concerned and accordingly this writ petition stands disposed of. 14. Personal appearance of Director, State Forensic Science Laboratory as well as S.P., Dhanbad is hereby dispensed with, with caution that they should be vigilant in such matter in future so that the High Court should not be burdened for the purpose of passing such orders. Petition disposed of.