Raj Agarwal murder: HC says DNA test conclusive,seeks more details

Hearing a bail application filed by Nadim Shaikh,a life-convict in the 2003 Raj Agarwal murder case,the Bombay High Court on Wednesday held that DNA test is conclusive evidence.

Hearing a bail application filed by Nadim Shaikh,a life-convict in the 2003 Raj Agarwal murder case,the Bombay High Court on Wednesday held that DNA test is conclusive evidence. The court,however,sought more details like Supreme Court judgements to come to a final conclusion. DNA tests as far as we know is conclusive, said Division Bench of Justice Ranjana Desai and Justice Mridula Bhatkar.

Raj,a class IX student,was kidnapped and later murdered while on his way to school in 2003. According to the police,the kidnappers demanded Rs 5 crore ransom. In March 2004,the police recovered a body from Daund which they said was Rajs body. However his father Kunjbihari Agrawal refused to accept the body after which the court ordered a DNA test.

We want evidential value of DNA test because in some cases it is the only evidence, Justice Desai said. The judge also questioned the competency of the lab where DNA is tested.

Additional Public Prosecutor Usha Kejriwal had argued that bail should not be granted as DNA to some extent is supporting the prosecution case.

The court was earlier informed that a skeleton was recovered in Daund but DNA tests revealed that the skeleton was not of Raj. If the skeleton is not of the child then how can we keep the accused in jail for murdering him? Justice Desai had said.

If there are other evidences then DNA doesnt matter, Justice Desai said and pointed out that three other accused have already been granted bail. The court also directed the petitioners lawyer Hasanali Mooman to produce judgments regarding granting bail on parity. Mooman had argued that bail should be granted on grounds of parity since the other accused have been released on bail.

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