Latest news with #Section227CrPC
News18
01-07-2025
- News18
Madras HC Slams Police Probe, Orders Fresh POCSO Investigation After DNA Test Clears Accused
Last Updated: The court clarified that the present accused was not exonerated and that his role should also be reassessed during the re-investigation The Madras High Court recently quashed the chargesheet against a man initially accused of impregnating a 13-year-old girl, after a DNA test conclusively ruled him out as the biological father. The court directed a fresh investigation—without arresting suspected individuals merely for DNA testing—to identify the real culprit. A bench of Justice K. Murali Shankar, while hearing a revision petition filed by the accused man, pointed out the glaring lapses in the police investigation, especially the fact that no DNA test was conducted before filing the final chargesheet despite the allegation involving pregnancy of a minor. The accused had been charged under Sections 5(l), 5(j)(ii), 5(n) read with 6 of the POCSO Act, along with Section 506(i) of the IPC, based on a complaint filed by the minor's mother in September 2020. The girl, a Class 10 student, was found to be six months pregnant, and named the accused—her cousin—as the person who allegedly lured and sexually assaulted her three times under the promise of marriage. A trial ensued, and after charges were framed, the accused moved the court seeking a DNA test to disprove paternity. The DNA report from the Forensic Sciences Department, dated February 28, 2022, clearly stated that he was excluded as the biological father. Despite this, the trial court declined his discharge petition under Section 227 CrPC. Challenging that, the accused approached the high court. Justice Shankar criticised the 'casual and mechanical" nature of the original investigation, observing that the police made no effort to identify who actually fathered the child. 'The prosecution proceeded as if the petitioner alone was the culprit. There is no explanation why a DNA test was not conducted before filing the chargesheet," the court said. While acknowledging that a negative DNA report alone does not absolve an accused if other evidence exists, the court emphasised the need for a thorough re-investigation, especially in view of the gravity of POCSO offences. It noted that either there were two different perpetrators (one who assaulted and one who impregnated the girl), or the sole accused may not have been involved at all. Crucially, invoking its powers under Section 482 CrPC, the court ordered the Pudukkottai Superintendent of Police to appoint a Deputy Superintendent-ranked officer to re-investigate the matter and submit a fresh final report within three months. The investigating officer has been permitted to conduct DNA tests on new suspects without arresting them, provided standard safeguards are followed. The court clarified that the present accused was not exonerated and that his role should also be reassessed during the re-investigation.
Time of India
02-06-2025
- Time of India
Court pulls up cops for flawed probe, givesclean chit to attempt to murder accused
Lucknow: Ordering to drop an attempt to murder charge against a man accused of shooting at the son of a prominent jeweller, a district court on Monday ordered the scrutiny of the investigating officers' conduct for wrongfully implicating the accused. Citing lack of evidence and serious lapses in police investigation, the court gave clean chit to one Ashtbhuja Pathak, who was booked for plotting the attack on Abhishek, son of jeweller Sudhir Kesarwani over a property dispute in 2020. Jeweller had named his elder brother, Rajesh Kesarwani and Ashtbhuja Pathak in the FIR and the police in its chargesheet had framed the accused. The accused had to stay in jail for 40 days. However, Additional Sessions Judge Madhu Dogra, hearing Pathak's discharge plea under Section 227 CrPC, found no direct or circumstantial evidence linking Pathak to the crime. "The court noted that no CCTV footage captured the incident. Pathak's call records did not place him near the scene. No firearm or incriminating item was recovered. No prior complaints supported the claim that Pathak threatened the victim, and no independent witnesses corroborated the allegation," said senior lawyer, Pranshu Agarwal, who filed a discharge plea in the court on behalf of the accused Pathak. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 【お客様事例】AI活用やセキュリティ戦略の先進的取組を紹介 Tanium 詳細 Undo The court criticised police for relying solely on suspicion and filing a chargesheet without any material proof. Calling the probe fundamentally flawed, the court directed that a copy of the order be sent to the principal secretary (home), DGP, DG (prosecution), principal secretary (law and justice), and the district magistrate, Lucknow, for appropriate action against the officers responsible for the baseless charges.
