As crimes peak, Kerala HC unhappy with delay in forensic reports

Kochi, Feb 7 The Kerala High Court on Wednesday expressed its displeasure in the delay in getting forensic reports in criminal cases, even as the crime rate surges.

Justice CS Dias said, “We have moved into the 75th year of Independence. It is common knowledge that investigation agencies now heavily depend on scientific evidence and technology for the investigation of crimes. In these times, we cannot put up our hands and cry about the dearth of staff and lack of infrastructure."

He added, “With the alarming and exponential increase in crimes in recent years, it is high time that we ensure that facilities for the dispensation of justice are put in place, especially given the entitlement of the accused to a speedy trial.

“If the scientific analysis is inordinately delayed, like in the present case, the accused may take it as a valuable defence, and the same will be detrimental to the larger public interest.”

Justice Dias made this point while considering a bail application filed by a man from West Bengal who has been charged with murder under Section 302 of the Indian Penal Code (IPC).

The petitioner claimed innocence and emphasised his financial hardships and prolonged custody.

However, the prosecution opposed his bail plea citing the severity of the offence and also alleged that the accused was a flight risk.

Following which, the court asked for a report from the Additional Sessions Judge (ASJ) regarding the trial status. However, the ASJ reported a delay due to the absence of forensic reports.

When the High Court was told by the Investigating Officer and Forensic Science Laboratory ( FSL) Director that the delay was on account of a backlog of cases and staff shortage, the court said, “The explanation put forth by the Director of the FSL, that the inordinate delay of four years was due to the massive influx of cases under the POCSO Act and the lack of staff, is not appealing to this court as it does not align with the mandate of the doctrine of speedy and fair trial proclaimed by the Supreme Court."

Despite acknowledging the petitioner's custody duration, the High Court denied bail due to flight risk and wanted the trial to be completed in four months and asked for speeding up of forensic reports.

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