How DNA test came to rescue of man jailed for three months in Gorakhpur

Saran lodged the complaint in February 2024 at Khorabar police station. Based on the complaint, police registered a case.

The police probe unearthed curious details.

Police claimed Kewal had prepared forged documents in 2023 by presenting himself as the son of one Vipat and sold the land to a local resident. Vipat was a resident of the village, found police, and had died many years ago. Vipat’s son, Ghurey, was Ram Saran’s father. Vipat’s second son was Ram Kewal — who Saran claimed was no more.

During their investigation, police checked official documents such as Aadhaar and PAN cards, voter ID, and bank account details, and found that Kewal, born in 1957, was a resident of Gajpur under Gagaha police station but his father’s name was listed as Ramkishun.

Investigators said the bank account mentioned in the sale deed belonged to him, though the amount cited in the sale deed was never credited to that account.

Following his arrest, Kewal moved a petition through his sister in the Allahabad High Court.

The petitioner claimed he is not Ram Kewal, son of Ramkishun, but Ram Kewal, son of Vipat, and has been detained in connection with the present crime illegally. It also claimed the “mistake in identity” assumes more serious dimensions because the informant of the case, giving rise to the crime, is none other than Ram Kewal’s nephew, Ram Saran.

Ramkishun was Kewal’s mother’s second husband, the police probe showed.

The petition also said Kewal was “traceless (sic)” for as long a period of 50 years, and, therefore, presumed to be dead.

The court then directed the Director, Forensic Science Laboratory, Lucknow, to depute a doctor/scientist, trained in DNA profiling, who can answer certain questions of the court about the requirements for profiling the DNA of two persons, that is to say, whether they are related by blood or not.

Following court directives, blood samples of both persons were collected and sent for examination. The FSL submitted its report and Dr Pratibha Tiwari from FSL Lucknow appeared in court.

The division bench of Justice Sanjiv Kumar and Justice JJ Munir in its order issued on December 17, said, “Interpretation of the report, made by Dr Pratibha Tiwari, makes us infer that the petitioner, Ram Kewal, son of Vipat, and respondent no. 5, Ram Saran, son of Ghurey, are related in the male blood line. She [Dr Pratibha] said she cannot say whether the petitioner and respondent no. 5 are uncle and nephew but, for sure, they are not utter strangers… This assures us that Ram Kewal, son of Vipat, who is the petitioner in this habeas corpus writ petition, is not that imposter regarding whom the fifth respondent has lodged a First Information Report…”

The court added that “…. the moment this conclusion is clear that the petitioner is not the imposter… his [Kewal’s] arrest in the said crime, remand and incarceration in prison are all without the authority of law. We make it clear that we have not pronounced, in any manner, upon the correctness of the allegations in the FIR or the case… All that we hold is that the petitioner is not that imposter which the FIR mentions. He is a relative of the fifth respondent.”

The court said, “In the circumstances, this habeas corpus writ petition succeeds and is allowed… The petitioner, Ram Kewal… is ordered to be set at liberty forthwith.”

Additional Superintendent of Police, Gorakhpur, Abhinav Tyagi, said they have yet to go through the court order and will take further action accordingly.

Jailor Arun Kumar at the Gorakhpur district jail said Kewal was brought to jail on September 20 and released on December 17.