The Aurangabad bench of the Bombay High Court expressed dissatisfaction with the lack of adherence to the Standard Operating Procedure (SOP) for collecting and preserving evidence in cases of sexual offenses. Justices Vibha Kankanwadi and Abhay Waghwase highlighted the repeated failure of the police and forensic experts to comply with the SOP, demonstrating an “utter disregard” for proper evidence handling.
The court overturned a special court’s conviction of a 21-year-old man in Maharashtra’s Parbhani district for allegedly raping a six-year-old girl in 2018. Citing the prosecution’s failure to prove the case beyond reasonable doubt, the High Court set aside the life sentence imposed on the man and questioned the credibility of evidence due to lapses in collection and preservation.
The court urged all stakeholders, including medical experts, police, and forensic teams, to be sensitive to the importance of proper evidence handling.
Emphasizing the need for periodic sensitization programs, it directed the state government to organize workshops and seminars for stakeholders to stay informed about guidelines issued by the health and home ministries of the government of India.
The court noted serious doubts about the collection and preservation of evidence in the case, emphasizing the sorry state of affairs in handling evidence in a serious rape case. It called for the formulation of guidelines for conducting test identification parades in cases related to the Protection of Children from Sexual Offenses (POCSO) Act.
Additionally, the High Court deemed the compensation amount of Rs 46,000 awarded to the victim as “meager and inadequate” and instructed the Parbhani District Legal Services Authority to conduct an inquiry into the victim’s status.
If she has not received adequate compensation, the authority is to recommend necessary steps for meaningful rehabilitation by the state government.
