Supreme Court

Rajiv Singh v. State of Bihar and Ors.

MANU/SC/1462/2015

16.12.2015

Criminal

Court left appalled by “incomprehensible omissions” of police

The Supreme Court acquitted a man convicted for the murder of his wife after it was found that DNA evidence incriminating him was tested at a private laboratory. The laboratory was not accredited by government agencies and prosecution had not proved that the DNA sample was analysed in accordance with accepted scientific methodologies. Further, prosecution had deliberately withheld a personal diary of the deceased, which warranted adverse inferences being drawn against its case. Once bereft of DNA evidence, the case against the Appellant was largely circumstantial, and did not prove beyond reasonable doubt his guilt, it was observed. The Court chastised the “shoddy, casual, laconical and insensitive investigation” before reminding that the police must “maintain a delicate balance of the competing rights of the offenders and the victim”.

Relevant

Sharad Birdhichand Sarda v. State of Maharashtra MANU/SC/0111/1984
Amitbhai Anilchandra Shah v. Central Bureau of Investigation and Anr. MANU/SC/0329/2013

Use of DNA evidence in criminal cases

Tags : Dna unaccredited private laboratory adverse inference

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