MAHENDRA KUMAR DUDHARIA Vs. STATE OF MP

JUDGEMENT

(1.) The applicant has preferred this criminal revision under section 397 of Cr.PC. feeling aggrieved by the impugned order dated 8.8.2007 passed by 3rd Additional Sessions Judge, Gwalior in ST No. 212/2007 whereby the order for framing of charge under section 201 of IPC has been passed against the applicant.

(2.) Briefly stated facts of the case are that the applicant is working as a Scientist in the Regional Forensic Science Laboratory, Gwalior. It is alleged that Mahila Police, Gwalior has registered a criminal case under section 376 of IPC on the report of complainant/prosecutrix and the complainant/prosecutrix after registration of the case was sent for medical examination where the concerning doctor had seized the garments of the complainant/prosecutrix and sealed it for necessary chemical examination for the confirmation of presence of semen and spermatozoa and the said packet was handed over to the concerning police constable for its chemical examination. The concerning police, through the letter of S.P. Gwalior dated 27.9.2006, sent this article to Forensic Science Laboratory, Gwalior. Being a senior Scientist in the F.S.L. Gwalior, the present applicant had examined the article A-1 (a towel) and A-2 (a gown) and after due chemical examination vide report no. 499/06 dated 6.10.2006 opined about the non-presence of semen and spermatozoa on the aforesaid article and sent this report duly signed by the applicant to the S.P., Gwalior for doing the needful and also returned back the sealed article sent by the police for examination. Thereafter, the concerning police perpared a panchnama in the presence of the scientists working in the S.P. Office, Gwalior. The police personnel opened the sealed packet of the article and found that wherever the spots were found in the article that portion was cut by the scientists and thereby destroyed the material evidence collectd by the police deliberately and also prepared a panchnama for the examination and found some spots on the concerning article, on which basis, opined that semen spots were found on the articles but being a senior Scientist of the FSL, the applicant has delibertely given negative report, on the bais of this evidence, the police has also made the applicant as accused for the offence under section 20I of IPC in the aforesaid criminal case and after investigation filed the charge sheet with the main accused before the trial Court.

(3.) Before the trial Court, the applicant obj ected his prosecution for the offence under section 201 of IPC and submitted that police personnel was not having any authority to disagree/dissatisfy with the report submitted by the applicant as a Scientist in the FSL and if the investigating officer was not satisfied with the finding of the report then the concerning article could have been sent to the Central Forensic Science Laboratory as per rule for re-examination of the article, of course after obtaining the permission from the trial Court, but without sending the article to the Central Forensic Science Laboratory for second opinion, the police personnel themselves have prepared the report and panchnama for the second report which is not admissible and cannot overrule the report submitted by the applicant and in such circumstances the applicant cannot be charged for the offence under section 201 of IPC.