Madhya Pradesh High Court
Manoj Seharia vs The State Of M.P. on 5 August, 2020
Author: Anand Pathak
Bench: Anand Pathak
HIGH COURT OF MADHYA PRADESH
1 M.Cr.C.No.24416/2020
( Manoj Seharia Vs. State of M.P.)
Gwalior Bench:
Dated -05/08/2020
Shri Rishikesh Bohre, learned counsel for the applicant.
Shri C.P.Singh, learned PL for the respondent/State.
Matter is heard through Video Conferencing. The applicant has filed this bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 29/9/2019 by Police Station Maksudangarh, District Guna in connection with Crime No. 233/2019 registered for offence for the offences punishable under Sections 376, 450, 506 of IPC and Section 3 /4 of POCSO Act.
This is second attempt on behalf of applicant to seek bail. On earlier occasion vide order dated 13/12/2019 when M.Cr.C.No. 51988/2019 was dismissed then a direction was given by this Court to the State to make all efforts to requisition DNA report at the earliest. Today again, according to learned counsel for the State, DNA report has not been received yet. FIR was registered on 28/9/2019 and immediately thereafter, DNA samples must have been taken, therefore, by now DNA report ought to have been supplied by the Forensic Science Laboratory to the concerned Police Station, but even after lapse of almost 10 months, no such progress has been referred by the Police Authorities. In absence of DNA report it would be difficult for HIGH COURT OF MADHYA PRADESH 2 M.Cr.C.No.24416/2020 ( Manoj Seharia Vs. State of M.P.) this Court to take decision over the bail application because prosecutrix is aged 13 years and she conceived out of rape allegedly committed by the applicant. Therefore, for the protection of valuable rights of victim also to get justice, it is imperative that DNA report must be made available at the earliest.
This Court is aware that only one Laboratory at Sagar conducts DNA profiling, therefore, being compelled by such scarcity of resources, this Court expected in M.Cr.C.No. 45393/2019, vide order dated 22/1/2019 (Bharat Vs. State of Madhya Pradesh) from the Executives of State (Political as well as Administrative Executives) to establish Forensic Science University, if possible for future challenges. Relevant extract of said order is reproduced hereinbelow:-
"Before parting, this Court has observed time and again that preparation of DNA report (after taking samples) takes considerable period of time and understandably so, because as per the information available apparently one DNA Lab of State Forensic Science Laboratory, Sagar is available and same cannot cater the need of whole of the State of Madhya Pradesh, specially looking to the fact that sexual offence against females are on the rise.
HIGH COURT OF MADHYA PRADESH 3 M.Cr.C.No.24416/2020 ( Manoj Seharia Vs. State of M.P.) Therefore, it is expected from the State Government that to strengthen the concept of 'Rule of Law', opportunity can be explored whether any Institution like National Forensic Science University (like one at Gandhi Nagar, Gujrat) can be thought of creating so that various components of Forensic Science like DNA, Finger Prints matching, Ballistic Science, Examination of Handwriting of the questioned documents, CCTV Footage, Data Retrieval from the mobile phone and other allied subjects like test laboratories of Food & Beverages including Milk, Ghee items (which can be tested in the University labs) and their theoretical parts and different curricula can be taught through different courses. At the same time, this University and its affiliated colleges, if created, may act as Regional Centers for giving DNA (like present Laboratory at Sagar) and other reports as the case may be. Thirdly, it can also be a Training Hub for Investigators (Police Officers), Prosecutors (Public Prosecutors) and Adjudicators (Judges/Magistrates etc.) so that with the advancement of Science and Technology, State of Madhya Pradesh cannot lag behind and would march with the time.
This Court is well aware of the fact that it is the domain of Executives and they have to think about it but this is a thought expressed by this Court so HIGH COURT OF MADHYA PRADESH 4 M.Cr.C.No.24416/2020 ( Manoj Seharia Vs. State of M.P.) that it may bear fruits one day in the form of creation of such Institution for the Welfare of People and for Strengthening of Rule of Law. Time has come when 'Rule of Law' must become one of the essential components of infrastructure like, Water, Road, Electricity etc. because in absence of 'Rule of Law' these components of development may be sacrificed at the altar of Misgovernance.
Looking to the modern trends of complication and complexity in Crimes, the Forensic and Scientific Investigation is need of the hour and it furthers the cause of Rule of Law and Administration of Justice.
Copy of this order be sent and placed before the Chief Secretary of Government of Madhya Pradesh and Principal Secretary, Law and Legislative Affairs for information and for contemplation about the thoughtful suggestion of this Court."
Said order was sent to the authorities and duly received by them.
This Court again reiterates the thought to contemplate so that not only the victim would get access to justice but prosecution also would get leverage to put-forward the case of the victim in effective and meaningful manner and Courts would have the important piece of evidence to appreciate in absence of HIGH COURT OF MADHYA PRADESH 5 M.Cr.C.No.24416/2020 ( Manoj Seharia Vs. State of M.P.) which whole purpose of dispensation of justice to victims is undermined.
Even otherwise, now Cyber Warfare is another challenge which is to be negotiated effectively. Such Institution, if created can take care of Cyber Crimes related investigation also.
Let a copy of this order be placed before the Advocate General, Government of Madhya Pradesh, Chief Secretary, Government of Madhya Pradesh as well as Principal Secretary, Law and Legislation Department, State of Madhya Pradesh again to contemplate and if required, place the Order and Thought before the Head of Government (Hon'ble Chief Minister of Madhya Pradesh) for contemplation for posterity.
Government counsel is directed to seek DNA report as early as possible.
List the matter in the week commencing 7th September, 2020.
(Anand Pathak) Judge jps/-
JAI Digitally signed by JAI PRAKASH SOLANKI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH PRAKASH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=287738d30aabaeda9b10cecdf1 SOLANKI 79cec865c7633f4cfb9e38ce14fcbb05b95 22a, cn=JAI PRAKASH SOLANKI Date: 2020.08.07 11:03:15 +05'30'