SC acquits man on death row, issues nationwide guidelines on DNA evidence handling

The Supreme Court on Tuesday acquitted a man on death row in a murder case, outlining the gaps in forensic evidence and issued countrywide directions on handling of DNA samples.

A bench of Justices Vikram Nath, Sanjay Karol and Sandeep Mehta directed that from now in all such cases involving forensic evidence, the collection of DNA samples after due care and compliance of all necessary procedures, including swift and appropriate packaging, ought to be documented.

In the case at hand, the apex court granted relief to the accused highlighting the investigation as "faulty" and underlined the shortcomings in DNA evidence collected in the case.

The bench was hearing an appeal by the convict against an order of the Madras High Court passed in March 2019. The high court had confirmed the death penalty in the murder and rape case. The convict was arrested in the case on 28 May 2011.

When it came to ironing out issues over collection of DNA samples, the court said, "The document recording the collection shall have the signatures and designations of the medical professional present, the investigating officer and independent witnesses."

The absence of independent witnesses should not be said to have compromised the collection of such evidence, the court said, but the efforts to bring such witnesses and the inability to bring them should be recorded.

The order entrusted the case's investigating officer for the transportation of the DNA evidence to the police station or hospital concerned and ensure samples reached the designated forensic science laboratory within 48-hour from collection.

"Should any extraneous circumstance present itself and the 48-hours timeline cannot be complied with, the reason for the delay shall be duly recorded in the case diary," it said.

Throughout the process requisite efforts were ordered to be made to preserve samples according to the requirements.

"While the DNA samples are stored pending trial and appeal, etc., no package shall be opened, altered or resealed without express authorisation of trial court acting upon a statement of a duly qualified medical professional to the effect that the same shall not have a negative impact on the sanctity of evidence," the court said.

The order said the court concerned had to be assured that the step was necessary for a proper and just outcome of the investigation or trial.

"Right from the point of collection to the logical end, ie., conviction or acquittal of the accused, a chain of custody register shall be maintained wherein each and every movement of the evidence shall be recorded with counter sign at each end thereof stating also the reason," the bench said.

The "chain of custody" register should necessarily be a part of the trial court record and investigating officer concerned will be answerable in case of any lapse.

The bench said DGPs of all states should prepare sample forms of the register and every other documentation directed by the court and ensure its dispatch to all districts with necessary instruction if required.

In the case at hand, the bench found none of the circumstances relied upon by the prosecution were proved conclusively against the appellant.

"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.