In a significant ruling with far-reaching implications for criminal investigations across the country, the Supreme Court on Tuesday acquitted a death row convict in a rape and murder case, citing grave lapses in the forensic investigation and shortcomings in DNA evidence collection. The court also issued comprehensive, nationwide guidelines on the proper handling, documentation, and preservation of DNA evidence in criminal cases.
A three-judge bench comprising Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta was hearing an appeal against a 2019 Madras High Court judgment that had confirmed the death penalty for the accused, arrested in May 2011.
Calling the investigation “faulty,” the top court found that none of the circumstances relied upon by the prosecution were proved conclusively. “As a result, the conviction of the appellant-convict is vacated. He is directed to be released forthwith if not required in any other case. The appeal is allowed,” the bench held.
While granting acquittal, the court took the opportunity to standardize the handling of forensic evidence in criminal trials involving DNA samples, expressing concern over the lack of procedural safeguards in the current system.
New Nationwide Protocols for DNA Evidence
The judgment laid down the following key directions for all future cases involving DNA evidence:
- Documentation of Collection: The collection process must be documented, bearing signatures and designations of the medical professional, investigating officer, and independent witnesses. If no witnesses are present, the effort to involve them and reasons for their absence must be recorded.
- Timely Transfer: The investigating officer will be solely responsible for transporting the DNA sample to the police station or hospital, ensuring it reaches the designated forensic science laboratory within 48 hours. Any delay must be explained in the case diary.
- Preservation Protocols: DNA samples should not be opened, altered, or resealed without express authorisation from the trial court. Such authorisation must be based on a medical professional’s statement affirming that the action won’t compromise the integrity of the evidence.
- Chain of Custody Register: From collection to trial and appeal, a detailed log — termed as the “chain of custody” register — must be maintained, recording every movement of the evidence with countersignatures and stated reasons. This register must be part of the trial court record, and any lapse will make the investigating officer answerable.
- State-Wide Implementation: The Director Generals of Police (DGPs) in all states have been directed to prepare sample forms for documentation and distribute them to all districts, accompanied by necessary instructions.
A Step Towards Judicial Certainty
Legal experts have hailed the verdict as a major reform in ensuring forensic accountability in criminal justice. “This judgment marks a pivotal step in establishing a robust and transparent protocol for DNA handling, which has been missing for decades,” said a senior criminal lawyer.
The verdict not only brings relief to the appellant but also seeks to prevent future miscarriages of justice stemming from procedural lapses in forensic evidence.
