Madhya Pradesh High Court
Amitabha Gupta vs The State Of Madhya Pradesh on 26 February, 2018
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THE HIGH COURT OF MADHYA PRADESH
W.P. No.19147/2013 (PIL)
Amitabh Gupta Vs. State of M.P. & Ors.
Jabalpur, dated 26/2/2018
Petitioner in person.
Mrs. Namrata Agrawal, Govt. Advocate for the respondents/
State.
The petitioner, an Advocate has filed the present Public Interest Litigation with an object of ensuring fair administration of criminal justice system so far as it depends upon the medico legal opinion given by a medico legal experts and the report of the Forensic Science Laboratories.
2. The petitioner has claimed the following reliefs in the writ Petition :-
"a. That MLC and postmortem report shall be prepared by typing it on the computer instead of them being hand written as hand written documents may not be clear and thus wastes time of the Court to understand them. b. That MLC shall be prepared by doctors who are properly trained in forensic sciences and not by any junior or trainee doctors.
c. That MLC and postmortem report should clearly and accurately describe/ illustrate the nature, location, depth, color and entry and exit wounds/ injuries on the body. d. That the doctor who attends any victim, injured or dead and seized his/ her clothes shall take photographs of the clothes and the wounds.
e. That Forensic Science Laboratories should take photographs of the clothes or any other exhibit after 2 opening of their seal and send the same along with their FSL report.
f. That the photographs taken by the photographers of the Forensic Science Laboratories or the police should be supplied with the charge sheet.
g. That in the matter of motor accident cases the investigating agency should make properly investigate on the question of negligence. The vehicle involved in the accident should be properly examined. The vehicle should be thoroughly photographed and examined by an expert of the Forensic Science Laboratory. h. That Histo Pathological report of organ(s) of the deceased be submitted at the earliest.
i. That FSL reports should not be delayed. j. That the statements under Section 161 and 174 of Cr.P.C. forming part of charge sheet should be in typewriting.
k. That while recording statements under Section 161 or 174 of Cr.P.C. audio/ video recording of the witness should be performed.
l. Any other relief which the Hon'ble Court deems fit in the facts and circumstances of the case."
3. The Petitioner relies upon the proviso added to sub clause (3) to Section 161 of the Code of Criminal Procedure (for short 'the Code'), vide Central Act No. 5 of 2009 which provided that statement made under Section 161 may also be recorded by audio- video electronic means. On the basis of said provision, it is argued that the recording of the statement under Section 161 would ensure that statement is correctly recorded and made part of the report under Section 173 of the Code. The person making the statement cannot resile easily from such statement having made. It is also argued that if statement is recorded in such manner, the witness 3 can be prosecuted under Section 340 of the Code. It is also argued that the postmortem or the medico legal examination should be conducted by Doctors who are properly trained in forensic sciences and that the Doctor who attends the victim injured should take photograph of cloths of the injured/ deceased and wounds and that such photograph should be sent to the Forensic Science Laboratories and should be part of the charge sheet. Petitioner has also prayed that the postmortem reports or the medico legal reports in Medico Legal Case in the case of injuries should be prepared on a computer instead of hand written so that the Court and the Members of the Bar are able to understand the reports in a better way so as to assist the Court properly.
4. We find that most of the prayers claimed by the petitioner are in the matter as to how the investigation should be conducted, as to when the statement of witness is required to be recorded by audio-video electronic means or as to when the photographs of the wounds or of cloth of injured or of the deceased. Such matters are required to be considered by the Investigating Officer keeping in view the gravity and also the relevancy of such method being adopted. It also depends upon the resources available with the Investigation Officer at the time of investigation. Though the object of the petition is laudable but the Court cannot direct that investigation should always be carried out in particular manner. The Investigating Officer is master of investigation and it is for the Investigation Officer to adopt the means as may be required or warranted in each case. 4
5. However, we find that Medico Legal Reports or postmortem reports in the Medico Legal Case should be typed on computer on a web based software with password access to the Doctors which will facilitate not only the recording of the same but retrieval thereof as each of the document prepared in Medico Legal Cases would be admissible as such, provided the same is digitally signed in terms of the provisions of Information Technology Act 2000. Such module is in use in the State of Punjab, Haryana and Chandigarh developed by National Informatic Center. Such module can be installed either on the web server of High Court or on the web server of the State to provide access to all the Doctors in the private and Government Hospital alike to upload such reports for easy availability and proof in the trials.
6. Similarly the reports of Forensic Science Laboratories and other Laboratories in the State shall also furnish reports through web server duly typed and digitally signed. These are important in view of the fact that recording of evidence through video conferencing is being introduced in the State for trial of the cases by the Courts of the rank of Additional Session Judges and the Session Judges in the near future. If the reports of experts in the Medico Legal Cases is typed on a computer and are uploaded on server, the same can be made available to the Court as well as to the Doctor to his place of posting so that the Medico Legal Cases are not delayed for proof of such reports.
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7. All other reliefs are related to the process of investigation which investigating officer is bound to take into consideration at the relevant stages of investigation does not call for any direction.
8. Therefore, the following directions are issued :-
(I) The State to develop a module for uploading of Medico Legal Reports as well as reports of Scientific tests on web server of the High Court or on a web server of the State Government on the lines of module developed by National Informatic Centre in the State of Punjab, Haryana and Chandigarh;
(ii) All medical practitioners either in public or in private Hospitals who deal with Medico Legal Cases shall prepare postmortem reports and injury reports digitally signed and upload on the server;
(iii) The reports of Forensic Science Laboratories and other Laboratories to upload reports digitally signed on the server;
(iv) The State shall implement the direction of this Court within a period of three months including training to the Medico/ Lab Technicians. The State shall implement the module functional on or before 1st of June, 2018.
9. List in the 3rd Week of June, 2018.
( HEMANT GUPTA ) (VIJAY KUMAR SHUKLA)
CHIEF JUSTICE JUDGE
mrs. mishra
Digitally signed by DEEPA MISHRA
Date: 2018.03.05 22:13:38 -08'00'