HC unhappy over SOP non-compliance in evidence collection, preservation in cases of sexual offences
Mumbai (PTI): The Aurangabad bench of the Bombay High Court has expressed displeasure over non-compliance with the SOP laid down for the collection and preservation of evidence, both biological and non-biological, in serious cases pertaining to sexual offences.
A division bench of Justices Vibha Kankanwadi and Abhay Waghwase in its judgement on Tuesday said time and again the police machinery and forensic experts have shown "utter disregard" for compliance with the Standard Operating Procedure (SOP) to be adopted during the collection of biological and non-biological evidence and its preservation to avoid degradation.
"This reflects a very insensitive attitude by all stakeholders like medical experts, police machinery etc," it said.
The HC quashed an order passed by a special court in Maharashtra's Parbhani district, convicting a 21-year-old man for allegedly raping a six-year-old girl in 2018.
The court also set aside the life sentence imposed on the man, noting the prosecution had failed to prove the case against him beyond reasonable doubt and hence it was constrained to extend the benefit of doubt to him.
The collection and safe preservation of evidence in the present case has come under serious doubt, it said.
"We take the opportunity to bring to the notice of the state as well as prosecution that all stakeholders like police, medical experts, forensic experts and even prosecutors to be sensitive to the need of proper collection, sampling, preservation and safe custody to rule out possibility of diminishing and/or degrading the quality of evidence," the HC said.
Such authorities need to keep themselves well informed and updated on guidelines issued by the health and home ministries of the government of India, it said.
"We expect periodic sensitisation of all stakeholders by conducting regular workshops and seminars of all such stakeholders at one venue and at the same time. Such platform could be used for interactions amongst themselves to meet the legal requirements," the HC said.
The court directed the state government to organise periodic sensitisation programmes of all the stakeholders.
The prosecution's case is that in November 2018, the accused man accosted the victim while she was returning home and took her to an abandoned building nearby where he allegedly raped her.
The girl went home and informed about the incident to her father who later lodged a complaint.
The police, after carrying out a probe into the incident, arrested the man.
The man in his appeal claimed he was implicated in the case. He said the girl had given vague identification of the alleged perpetrator and he was arrested only based on suspicion.
He also claimed there were lapses and deviations by medical experts, police machinery and forensic experts while collecting evidence in the case, thus rendering the same doubtful.
The bench in its order noted there was non-compliance with the SOP laid down by the government for collection, maintenance and safe custody of both, biological and non-biological evidence gathered during investigation.
"Such are the sorry state of affairs in handling muddemal (articles seized by police during probe) in a serious case of rape on a minor," the court said.
Due to all these reasons, though a serious offence has been committed on a minor, the major lapses and defects have rendered the entire evidence doubtful and so cannot be made the basis of conviction, it said.
The bench noted that guidelines issued by the central forensic department, home and health ministries of the central government on the issue are meant to be followed by government as well as private hospitals.
However, in the present case, neither the medical experts nor the investigating machinery have taken due care to follow the guidelines, the HC said.
"Their failure affects the credibility of the prosecution's evidence," it said, adding the collection and safe preservation of evidence in the present case has come under serious doubt.
The bench directed the state government to formulate suitable guidelines to be adhered to while conducting test identification (TI) parade in cases pertaining to the Protection of Children from Sexual Offences (POCSO) Act.
"...and to further suggest Standard Operating Procedure to be adopted, keeping in mind the aspect of confidentiality of details of victim and also suggest necessary precautionary measures to be taken while making victim participate in TI parade for identifying perpetrator, with requisite infrastructural set up for the same," the HC said.
The high court also noted that the compensation amount of Rs 46,000 directed to be paid to the victim by the special court was "meagre and inadequate" as she has suffered mental and physical pain, agony and trauma.
The court directed the Parbhani District Legal Services Authority to conduct an enquiry of the victim's status and if she has received any compensation from the state government.
If not, then the authority shall suggest to the government to take appropriate steps required for meaningful rehabilitation.
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Putin meets Iran's FM Araghchi, says Russia ready to do its best to help bring peace to West Asia
Moscow (PTI): Iran's Foreign Minister Abbas Araghchi on Monday met Russian President Vladimir Putin, who hailed the Iranian people for fighting bravely and heroically for their sovereignty and said Moscow is ready to do its best to help bring peace to West Asia as soon as possible.
Araghchi, who held talks with Omani and Pakistani leadership before arriving in Russia, met Putin in St. Petersburg and thanked him for supporting Iran, state-owned TASS news agency reported.
"Russia is ready to do everything in its power to ensure that peace in the Middle East is achieved as soon as possible," Putin said during his meeting with Araghchi, which was also attended by Russian Foreign Minister Sergey Lavrov.
Revealing that he received a message from Iranian Supreme Leader Mojtaba Khamenei last week, Putin asked Araghchi to convey his "gratitude for this message and best wishes for his health and well-being."
He praised the Iranian people for fighting "bravely and heroically" for their sovereignty, Iran's state-run PRESS TV reported.
"We really hope that, based on the courage and desire for independence, the Iranian people, under the guidance of the new leader, will weather this difficult period of trials and peace will come,” Putin said.
He also stressed that Russia “intends to maintain” its strategic relations with Iran.
Araghchi said that the world witnessed Iran’s strength in countering the US during the recent war, and that the Islamic Republic is a "stable and powerful establishment."
"With their courage, the Iranian people succeeded in resisting the US aggression and will be able to endure it,” he said.
He said that it became clear that Iran has “great friends and allies” like Russia, and conveyed “warmest greetings” from Supreme Leader Mojtaba Khamenei and President Masoud Pezeshkian to the Russian leader.
Araghchi said relations between Moscow and Tehran represent a “strategic partnership at the highest level” and will continue to develop "regardless of circumstances."
"We are grateful to you for the solid and strong positions in support of the Islamic Republic of Iran," he said.
Foreign Minister Lavrov said that the talks between President Putin and the Iranian Foreign Minister were "useful and constructive."
Kremlin Spokesman Dmitry Peskov later said that Russia is "ready to provide any good offices, any mediation services that are acceptable to the parties."
"We will be ready to do everything so that ultimately peace ensues, guaranteed peace, and that there is no return to hostilities," Peskov was quoted as saying by TASS.
He was asked how Moscow can assist in future negotiations on the Iranian settlement.
Araghchi arrived in Russia after his whirlwind trip to Islamabad, which, according to him, was “very productive” and involved “good consultations" with Pakistan's Army Chief Field Marshal Asim Munir, amid uncertainty over the second round of peace talks to resolve the war in West Asia.
"We held good consultations with our friends in Pakistan. The trip was successful. We assessed the outcome of our recent (meetings) and discussed in what direction and under what conditions talks can move on,” Araghchi said in a video posted on his Telegram channel upon his arrival in St Petersburg.
Referring to the second round of talks between the US and Iran to resolve the conflict in West Asia, Araghchi said: "Developments have taken place in the negotiations."
"Despite some progress in earlier rounds, the talks failed to reach their objectives due to the Americans' approach, the excessive demands they made, and the wrong approaches they adopted. Therefore, it was necessary to consult with our friends in Pakistan to review the latest situation,” Iran's official news agency IRNA quoted him as saying.
He said that the trip to Pakistan was a good opportunity to review developments related to the US-Israeli war against Iran, expressing confidence that “these consultations and coordination between the two countries will be highly significant.”
Araghchi arrived at St. Petersburg's Pulkovo Airport early Monday, where he was welcomed by Russian officials and Iran’s ambassador to Russia, Kazem Jalali, the report said.
The first round of peace talks between Iran and the US, held on April 11 and 12, failed to bring the desired result for the parties to the conflict.
The Iranian minister arrived in Islamabad for the second time on Sunday after a short visit to Oman, where he held talks with Sultan Haitham bin Tariq al-Said on security in the Strait of Hormuz and diplomatic efforts to end the Iran-US conflict.
After Araghchi left Pakistan for Oman on Saturday, President Donald Trump announced that US negotiators Steve Witkoff and Jared Kushner would no longer be going to Islamabad for talks with Iran, contending that Washington held all the cards on the matter.
Trump on Sunday reiterated that the US and Iranian officials can talk by phone for a peace solution to the conflict.
On Tuesday, Trump extended the two-week ceasefire with Iran indefinitely to give Tehran more time to prepare a unified proposal to end the war, just hours before the truce was set to expire.
The war began when the US and Israel jointly attacked Iran on February 28, killing Iranian Supreme Leader Ayatollah Ali Khamenei and several top commanders. The retaliation by the Islamic Republic extended the war to the entire Gulf region.
