DNA Evidence Excludes Accused, Court Directs Further Investigation to Identify True Perpetrator
In a significant development, the Jammu and Kashmir High Court has ordered the constitution of a Special Investigating Team (SIT) to further investigate a sexual assault case where the DNA evidence exonerated the accused, Pawan Kumar @ Raja. The High Court, led by Justice Rajnesh Oswal, denied the petitioner's plea to quash the FIR at this stage and emphasized the need for a thorough investigation to secure justice for the victim.
The case revolves around allegations against Pawan Kumar, accused of raping a minor girl, resulting in her pregnancy. Despite the victim's statutory deposition under Section 164 of the CrPC, DNA profiling excluded Kumar as the biological father of the victim's child. The investigation, initially conducted in a lackluster manner, failed to identify the true perpetrator, prompting the court to intervene.
Highlighting the flawed investigation, Justice Oswal underscored the importance of a fair and comprehensive probe, criticizing the investigating officer for not pursuing conclusive DNA evidence. The court observed that the actual perpetrator remained unidentified, and it was imperative to ensure justice for the minor victim.
Citing the Supreme Court's judgment in Devendra Nath Singh v. State of Bihar, the High Court emphasized its inherent powers under Section 482 of the CrPC to direct further investigation in exceptional cases to secure justice. The court ordered the Inspector General of Police, Jammu, to form an SIT, headed by an officer not below the rank of Superintendent of Police, to uncover the true identity of the offender.
While the petitioner has been granted bail, the court instructed the learned Sessions Judge, Reasi, to return the charge sheet for further investigation. The court scheduled a compliance report from the IGP by June 29, 2026, to ensure adherence to the directive.
This judgment underscores the judiciary's commitment to ensuring a fair investigation and upholding the rights of the victim in cases of sexual assault.
Bottom line:-
Powers under Section 482 CrPC can be exercised by the High Court to direct further investigation or reinvestigation in exceptional cases to secure the ends of justice.
Statutory provision(s): Section 482 CrPC, Section 164 CrPC, Section 173(8) CrPC, Protection of Children from Sexual Offences (POCSO) Act, 2012, Section 376 IPC, Section 506 IPC.
Pawan Kumar @ Raja v. Union Territory of J&K, (Jammu And Kashmir) : Law Finder Doc id # 2905313
