Seeking to expedite the trial in a rape case in which a three-year-old-girl is the victim, a city court has asked the Delhi chief secretary and principal secretary (home) to issue appropriate directives to the director of the Rohini-based Forensic Science Laboratory (FSL) for its alleged failure to deliver the report at the right time.
Rohini Court additional sessions judge (ASJ) Dr Kamini Lau’s order comes despite the existing Delhi government and higher courts directions that rape cases, especially involving children as victims to the sexual violence, have to be tried on a priority basis.
With regard to the present rape case, in which a three-year-old girl is the victim, the judge has asked for the FSL report to be delivered by July 27.
“This being the background, the chief secretary, government of the national capital territory of Delhi, and the principal secretary (home) are directed to ensure that necessary directions are issued to FSL directors (under their control) in this regard so that when the chargesheets are filed before the court by the investigating officer they are complete in all respects and contain the FSL report,” the court said.
Blaming the incomplete chargesheets filed without the required FSL reports as the main reason for delay in initiation of the trial in rape cases, Dr Lau said, the delay in receiving FSL reports was a major constraint facing the justice delivery system. “This delay in conducting the examination not only delays the trial but at times is fatal to the case of the prosecution on account of contamination and putrefaction of samples due to improper preservation, storage and handling as has happened in many cases,” Dr Lau said.
In her order, the court also suggested an important recommendation to the Delhi government that in cases involving child victims and gang-rape, the FSL reports should be delivered within 14 days, keeping in view the sensitivity of the case.