Irked over non-availability of competent forensic experts for conducting DNA examination, a Delhi court has directed a forensic science laboratory (FSL) here to hold the test again on an accused in a gangrape case of a minor girl in a moving car in 2010.
The court's order came after the prosecutor submitted to it that the expert who had conducted the DNA / finger printing examination in the case was "not a competent officer" as per the National Accreditation Board for Testing and Calibration Laboratories (NABL) norms.
Additional sessions judge Kamini Lau noted that in the DNA report of the experts of Rohini-based FSL, it was stated that DNA could not be "isolated" from the forensic sample.
The court was dealing with a case in which Delhi resident Hitesh was accused of gang raping a 15-year-old girl with his associate Sunil's help in a moving car on March 19, 2010 morning at Bawana in North West Delhi after kidnapping her.
The police had said as the girl resisted the rape attempt in the car, the accused had hit her hard on her backbone, leading her to suffer immediate paralysis waist downward. The girl had died last year after a long medical treatment.
Sunil was absconding since then and was arrested in the case in September this year. He was caught by police in another gang rape case this year in which he had allegedly adopted a similar modus operandi of kidnapping and then raping the victim in a moving car in North West Delhi.
The court said as Sunil has been arrested now, his samples would also be required to be sent for DNA examination.
The judge said, "Keeping in view the fact that proclaimed offender Sunil has been apprehended, the source material is again required to be sent to the FSL, Rohini for fresh DNA /finger printing examination to which defence counsel has no objection.
"This being the background, I hereby direct that the source material in respect of both the accused Hitesh and Sunil Sehrawat, be subjected to fresh DNA / finger printing examination, report of which is directed to be placed before this court directly on next date."
The court also directed for placing the copy of its order before Delhi Government's Additional Secretary (Home) G P Singh, who is also the officiating director of the FSL at Rohini and also the head of department (DNA /finger printing Unit) there.
The ASJ's observations assume importance as the Delhi High Court recently, in the gang rape case of a 23-year-old paramedic, had directed the city government to look into the issue of lack of infrastructure and other facility at the Central Forensic Science Laboratory (CFSL).
The high court had also said it was informed there is no director at the CFSL and there are two deputy directors in the CFSL who are not competent and leads to delay of one to two years in the investigation.
The ASJ was earlier upset that despite medical records suggesting that the minor girl was raped, the police had chargesheeted the accused only for the offence of attempt to rape and causing grievous hurt to her.
It had noted that after raping the girl, the accused "deliberately" caused the accident of their car by driving it into a ditch to destroy the evidence, while themselves jumping out of the vehicle.
Due to the accident, the victim received further injuries and eventually died last year after a long treatment. The court has put Hitesh on trial for offences of murder, kidnapping, gang rape, destruction of evidence and various other penal offences.