The HC observed that the special court specifically relied on the CA reports, which included serology reports and reports pertaining to DNA profiles, to hold against the accused persons. (File Photo)
The Bombay High Court recently set aside an order of a special court in Pune that awarded a death sentence to a man for the rape and murder of a minor girl and remanded the trial back to the court. The HC observed that forensic reports, including Chemical Analyser (CA) reports, were not properly examined and warranted reassessment.
The body of the six-year-old victim girl was found in bushes near a Zilla Parishad (ZP) school in a village in Pune district on August 3, 2022.
A bench of Justices Manish M Pitale and Shreeram V Shirsat on March 10 passed an order on an interim application in an appeal by Tejas Dalvi alias Dada Mahipati Dalvi, who was awarded the death sentence by a special court in Pune on March 22, 2024. The bench noted the prosecution had based its case on circumstantial evidence.
Advocate Rebecca Gonsalvez, for Dalvi, sought a direction that 12 CA reports were directly produced during the recording of evidence of the investigating officer and the accused was deprived of cross-examining, which resulted in the trial’s vitiation. Dalvi sought setting aside of the impugned judgement and remanding the matter back to the special court.
The bench said detailed reference to the manner in which the investigation proceeded was not necessary at present since the concern stated in the plea was limited.
The HC observed that the special court specifically relied on the CA reports, which included serology reports and reports pertaining to DNA profiles, to hold against the accused persons.
“We find that the sessions court committed a grave error while observing in paragraph 142 of the impugned judgement and order that since the accused did not move any requisition for examining the chemical analysers for any specific cause, the reports of the chemical analysers were being directly admitted in evidence without examining the chemical analysers… We are of the opinion that the impugned judgement and order to that extent is vitiated and the trial itself stood vitiated to that extent,” the HC observed.
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Justice Pitale, for the bench, went on to note, “As a matter of fact, from the stage of investigation, the duty of all persons in authority is to ensure that every bit of material is brought on record, which would assist the court in ascertaining the truth of the matter. Anything short of that would vitiate the entire process. We find that the applicant has been able to make out a case for allowing the present application.”
The HC set aside the special court judgement and said appellants shall be given sufficient opportunity to cross-examine the witnesses concerned.
The bench also directed the special court to pass final judgement in an expedited manner within four months.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
