Questioning the CBI's logic in not subjecting Priyadarshini Mattoo's personal garments and swab material to DNA test, the Delhi High Court today asked it to prove that the samples seized from the scene of offence were not tampered with in the sensational rape-cum murder case.
The Bench comprising Justice R S Sodhi and Justice P K Bhasin, grilled Additional Solictor General Amrinder Sharan on the two issues for nearly two-and-half hours as the Government counsel sought to put a stout defence that neither were the samples tampered nor did the need arise for subjecting the deceased's samples to DNA test.
Sharan repeatedly asserted that the samples were sealed by the Safdarjung Hospital authorities before being sent to the Hyderabad-based CDFD (Centre for DNA Fingerprinting and Diagnostics).
The court found fault with the CBI for not subjecting the undergarments, vaginal swab and slide samples of Priyadarshini to DNA test when the same analysis was used to match the blood and semen samples of accused Santosh Singh, son of senior IPS officer J P Singh.
"You have failed to explain as to in whose custody the samples were kept from January 25 to 29. Was it in the custody of a chowkidar?" the Bench asked sarcastically, when the ASG sought to explain that the samples were kept in the custody of the Safdarjung Hospital.
When Sharan said the samples were sealed on January 25, 1996, the Bench which is hearing the appeal against the acccused's acquittal asked the ASG for proofs to show that the sealing was done on the said date.