Delhi High Court Orders DNA Test In 11-Year-Old Murder Case
The Delhi High Court has ordered a DNA test in an 11-year-old murder case after dismissing the trial court's rejection of the request.
Delhi News: The Delhi High Court has ordered a DNA test of the accused in an 11-year-old murder case. Justice Neena Bansal Krishna ordered that the blood-stained shirts of the victim and the accused be sent for forensic examination. This decision came after hearing a petition filed by the victim's father.
What Is The Case?
The case dates back to May 2013, when the victim's father filed a case against the accused. After the demand for a DNA test was rejected by the trial court, the victim's family approached the Delhi High Court. The high court stated that the truth must come out for justice, irrespective of how old the case is.
The court also clarified that the results of the DNA test could go in favour of or against the accused. There is no reason to believe that the test will only be in favour of the complainant. If scientific evidence is found, it should not be dismissed merely on the grounds of delay.
'Submit Report In 2 Months'
The HC ordered that the existing evidence (clothes and the accused's blood sample) be sent to the forensic lab within 15 days and a report be submitted within two months. However, the court acknowledged that the DNA test may not yield positive results from the clothes seized in 2013, but an attempt should be made to gather scientific evidence.
The court remarked that the Evidence Act and the Code of Criminal Procedure (CrPC) were enacted a century ago when scientific techniques were not available. Now that modern techniques are available, it is not appropriate to stick to old procedures. Citing Articles 51A (H) and (J) of the Constitution, the court said that it is the duty of every citizen to adopt a scientific temper.
The accused opposed the demand for a DNA test in the HC. He argued that it was an attempt to cover up the prosecution's weaknesses and that the seizure of his clothes had not been proven.
However, the HC said that this would be considered at the end of the trial. The court accepted that a DNA test is a scientific and fair method that should not be ignored.
(Story by Sushil Kumar Pandey, ABP News.)
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