Delhi High Court - Orders
Omvir vs State (Nct Of Delhi ) on 3 November, 2025
Author: Swarana Kanta Sharma
Bench: Swarana Kanta Sharma
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 561/2025
OMVIR .....Appellant
Through: Ms. Inderjeet Sidhu (DHCLSC), Mr.
Lalit Choudhary and Mr. Aditya
Ranjan, Advs.
versus
STATE (NCT OF DELHI ) .....Respondent
Through: Mr. Naresh Kumar Chahar, APP for
State.
Mr. Dharmveer, SI, P.S. Chhawla
CORAM:
HON'BLE DR. JUSTICE SWARANA KANTA SHARMA
ORDER
% 03.11.2025
1. This Court, while suspending the sentence of the appellant vide order dated 04.08.2025, had taken note of the fact that in the present case, no DNA could be generated from the fetal material, due to its degradation. It was also observed that this was a third case being dealt with by this Court where the crucial evidence, in a case of sexual assault, had been lost due to degradation of DNA. Accordingly, the concerned officer from FSL had been summoned to appear before this Court.
2. On 30.10.2025, the concerned officer from FSL had appeared before this Court, and in the said order, it was mentioned that his statement has been recorded. However, inadvertently, his submissions have not been mentioned in the said order.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/11/2025 at 20:56:39
3. Ordered accordingly.
4. The submissions made by Dr. Sarabjit Singh, Senior Scientific Officer (Biology), Department of DNA, Fingerprinting, Forensic Science Laboratory, Govt. of NCT of Delhi, in respect of the issue in question, are as set out below:
"(1) Immediate Preservation in Normal Saline: During the procedure of abortion, the fetal material (fetus or products of conception) must be immediately preserved in normal saline (isotonic solution). Formalin must not be used, as it leads to degradation of DNA.
(2) Maintenance of Optimum Temperature: After collection, the doctor concerned must ensure that the sample is stored at an optimum cold temperature. The sample should be kept in normal saline and then immediately placed in cold storage at a minimum level of - 4°C (or can be even more).
(3) Storage and Transportation: The hospital must ensure that the sample remains in cold storage until it is handed over to the Investigating Officer (IO) or police official.
Upon receipt, the IO/police officer is responsible for maintaining the same cold temperature (minimum - 4°C) during transportation and storage in the police malkhana, and then to Forensic Science Laboratory.
(4) Consequences of Non-Compliance: Failure to maintain the above procedure results in DNA degradation, which means the breakdown of the DNA molecule and loss of its This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/11/2025 at 20:56:39 structural integrity, leading to fragmentation. Consequently, it may become impossible to generate a DNA profile from the fetal material."
5. This Court deeply appreciates the assistance rendered by Dr. Sarabjit Singh, Senior Scientific Officer (Biology), Department of DNA, Fingerprinting, FSL, GNCTD.
6. List for final disposal on 06.11.2025.
7. The order be uploaded on the website forthwith.
DR. SWARANA KANTA SHARMA, J NOVEMBER 03, 2025/zp This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/11/2025 at 20:56:39