Judge faces inquiry for ignoring DNA report in case that sent tribal man to jail

“It was well within his rights to have marked as Court exhibit, and record statements of accused under Section 313 (examination of an accused) of the Code of Criminal Procedure in relation to that DNA report,” the court said.

Written by Anand Mohan J

Bhopal | Updated: September 26, 2024 01:46 PM IST

3 min read

Madhya Pradesh High Court, Madhya Pradesh HC, rape case trial, mp rape case trial, Madhya Pradesh rape case trial, Indian express news, current affairs

The HC noted that the prosecutor “for the reasons not known to us chose not to exhibit the DNA report which was already produced in the court” by the police.

The Madhya Pradesh High court has initiated an inquiry against two judicial officers — including a judge — over the conviction of a tribal man in a minor’s rape for partially ignoring the findings of a DNA report during trial. The report had claimed that some of the accused’s blood samples did not match the evidence taken from the scene of crime.

In its ruling on September 21, a Bench of justices Vivek Agrawal and Devnarayan Mishra said Special POCSO judge Vivek Singh Raghuwanshi and an Assistant District Prosecution Officer B K Verma had been negligent in their duties while trying a tribal man for the rape of a 14-year-old.

The accused was sentenced to a 20-year imprisonment.

In its order, the Bench said an “inquiry be instituted against the conduct of ADPO B K Verma in not conducting the trial properly and not exhibiting the DNA report and also an enquiry be instituted against (judge) Vivek Singh Raghuwanshi for his negligence and dereliction of duty in not marking exhibit on that report and not recording statements of the accused in relation to that DNA report”.

The court has asked the trial court to reconsider the DNA evidence and permit the accused to cross examine the witnesses and pass a fresh judgment.

The accused Babu Lal Singh Gond had moved HC through his lawyer Madan Singh, with a plea to suspend his sentence.

The HC noted that the prosecutor “for the reasons not known to us chose not to exhibit the DNA report which was already produced in the court” by the police.

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“Even after taking that report on record and signing the note-sheet, (the) concerned judge was also complacent in not marking exhibit on the said report and putting questions to the accused while taking his statement under Section 313 of the CrPC. For this reason, we are of the opinion that both the trial court and the ADPO are prima facie guilty of negligence and dereliction of duty,” the court said.

Anand Mohan J

Anand Mohan J is an award-winning Senior Correspondent for The Indian Express, currently leading the bureau’s coverage of Madhya Pradesh. With a career spanning over eight years, he has established himself as a trusted voice at the intersection of law, internal security, and public policy. Based in Bhopal, Anand is widely recognized for his authoritative reporting on Maoist insurgency in Central India. In late 2025, he provided exclusive, ground-level coverage of the historic surrender of the final Maoist cadres in Madhya Pradesh, detailing the backchannel negotiations and the "vacuum of command" that led to the state being declared Maoist-free. Expertise and Reporting Beats Anand’s investigative work is characterized by a "Journalism of Courage" approach, holding institutions accountable through deep-dive analysis of several key sectors: National Security & Counter-Insurgency: He is a primary chronicler of the decline of Naxalism in the Central Indian corridor, documenting the tactical shifts of security forces and the rehabilitation of surrendered cadres. Judiciary & Legal Accountability: Drawing on over four years of experience covering Delhi’s trial courts and the Madhya Pradesh High Court, Anand deconstructs complex legal rulings. He has exposed critical institutional lapses, including custodial safety violations and the misuse of the National Security Act (NSA). Wildlife Conservation (Project Cheetah): Anand is a leading reporter on Project Cheetah at Kuno National Park. He has provided extensive coverage of the biological and administrative hurdles of rewilding Namibian and South African cheetahs, as well as high-profile cases of wildlife trafficking. Public Health & Social Safety: His recent investigative work has uncovered systemic negligence in public services, such as contaminated blood transfusions causing HIV infections in thalassemia patients and the human cost of the fertilizer crisis affecting rural farmers. Professional Background Tenure: Joined The Indian Express in 2017. Locations: Transitioned from the high-pressure Delhi City beat (covering courts, police, and labor issues) to his current role as a regional lead in Madhya Pradesh. Notable Investigations: * Exposed the "digital arrest" scams targeting entrepreneurs. Investigated the Bandhavgarh elephant deaths and the impact of kodo millet fungus on local wildlife. Documented the transition of power and welfare schemes (like Ladli Behna) in Madhya Pradesh governance. Digital & Professional Presence Author Profile: Anand Mohan J at Indian Express Twitter handle: @mohanreports ... Read More

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