The report was ignored, investigation should be done against the judge; Why did MP HC give this order?

Madhya Pradesh High Court has started investigation against two judicial officers. One of them is also a judge. In fact, he had partially ignored the findings of the DNA report during the trial. The report claimed that some blade samples of the accused were from the crime scene.

Sneha Baluni , BhopalFri, 27 Sep 2024 03:28 AM share

Madhya Pradesh High Court has started investigation against two judicial officers. One of them is also a judge. The investigation against both of them has been done in connection with the conviction of a tribal person for raping a minor. In fact, he had partially ignored the findings of the DNA report during the trial. The report claimed that some blade samples of the accused did not match the evidence taken from the crime scene.

In its judgment on September 21, a bench of Justices Vivek Aggarwal and Devnarayan Mishra said that Special POCSO judge Vivek Singh Raghuvanshi and Assistant District Prosecution Officer BK Verma had acted negligently in their duties while prosecuting a tribal man in the case of rape of a 14-year-old girl. Acted carelessly. The accused was sentenced to 20 years’ imprisonment.

Why was the investigation ordered?

In its order, the bench said that ‘an inquiry should be initiated against the conduct of ADPO BK Verma for not conducting the trial properly and not showing the DNA report and also against (Judge) Vivek Singh Raghuvanshi for not marking the report as exhibit. And an investigation should be initiated into the negligence and dereliction of duty of the accused in not recording their statements in relation to that DNA report. It was within their rights to exhibit it in the court and record the statement of the accused under Section 313 of the Code of Criminal Procedure (investigation of the accused) in relation to that DNA report.

The accused knocked the door of the High Court

The court has allowed the trial court to reconsider the DNA evidence and allow the accused to cross-examine witnesses and give a fresh verdict. Accused Babu Lal Singh Gond had approached the High Court through his lawyer Madan Singh with a plea to suspend his sentence. The court said that the prosecutor ‘does not know the reasons due to which the decision was taken not to submit the DNA report, which had already been presented in the court by the police.’