High Court Slams Procedural Delays, Orders FSL Report in Assault Case to Prevent Miscarriage of Justice

In a significant ruling, the High Court of Rajasthan at Jodhpur overturned a Sessions Court’s decision, mandating that forensic evidence be submitted in an ongoing criminal trial. The judgment, delivered by Justice Arun Monga on July 10, 2024, emphasized the necessity of forensic science laboratory (FSL) reports in corroborating the prosecution’s case and ensuring justice for the victim.

The case involves Mohd. Atik Sheikh, a 41-year-old resident of Udaipur, who was assaulted, sustaining serious injuries that warranted charges under Section 307 of the Indian Penal Code (IPC), among other offenses. During the investigation, blood-stained clothes and the weapon used in the assault were seized, but the trial court refused to send these items for an FSL report, citing delays in the prosecution’s request.

The Sessions Court had dismissed the prosecution’s application to obtain an FSL report on the grounds that it was filed belatedly and was intended to delay the trial. The court suggested that such an application should have been filed at the time of the trial’s committal to the Sessions Court. Justice Monga, however, clarified that applications for adducing evidence are appropriately filed during the prosecution evidence stage. “Dismissing it on that ground is a complete fallacy,” he remarked.

Justice Monga underscored the critical role of forensic evidence in criminal trials. “The FSL report will go a long way to assist the trial court in determining the role of the accused in causing injuries,” he stated. The judgment highlighted that denying the application for an FSL report would result in a miscarriage of justice. The court also noted that the accused retains the right to question the evidentiary value of the FSL report during the trial.

The High Court’s decision was rooted in ensuring the integrity of the judicial process and the accurate determination of facts. The ruling emphasized that procedural delays should not impede the pursuit of justice, especially when forensic evidence could substantiate the prosecution’s case. “The application was rightly filed at the appropriate stage,” Justice Monga noted, reinforcing the principle that justice should not be sacrificed at the altar of procedural technicalities.

Justice Arun Monga stated, “To deny the application without seeking the report would result in a miscarriage of justice.” This assertion underscores the judiciary’s commitment to ensuring that all relevant evidence is considered in criminal trials.

The High Court’s directive to obtain an FSL report in this case reiterates the importance of forensic evidence in the criminal justice system. By overturning the Sessions Court’s order, the judgment ensures that the trial proceeds with all necessary evidence, thereby upholding the principles of fairness and justice. This decision is expected to influence future cases, reinforcing the judiciary’s role in meticulously scrutinizing procedural decisions that may affect the outcome of a trial.

Date of Decision: July 10, 2024