STATE OF RAJASTHAN Vs. JASVEERSINGH JAT

JUDGEMENT

(1.) By way of this revision, the State of Rajasthan has approached this Court for assailing the order dated 06.03.2017 passed by the learned Additional Sessions Judge, Didwana (wrongly mentioned as Parbatsar in the cause title of the revision), District Nagaur in Sessions Case No. 24/2012 whereby, the learned trial court accepted the application submitted on behalf of the under trial accused Jasveer Singh the respondent herein under section 54 of the Crimial P.C., 1973 and directed that the accused be subjected to various scientific tests viz. Narco Analysis, Brain Mapping and Polygraph, etc. so that the truth of the matter can be brought forth before the Court. Considering the typographical error in the cause title, name of the trial court shall be hereinafter referred to as the Additional Sessions Judge, Didwana.

(2.) The trial of the respondent accused Jasveer Singh and some other accused is underway in the Court of the Additional Sessions Judge, Didwana for the offences under Sections 147, 149, 363, 366, 376(g) and 201 IPC. As per the prosecution allegations, the accused persons enticed Sushri 'S' sister of Vijay Puri the first informant and made her to elope with them. Thereafter, she was subjected to gang rape and was later on murdered. The prosecution case is totally based on circumstantial evidence viz. recoveries allegedly effected at the instance of the accused after recording their information's under Sec. 27 of the Evidence Act, etc. During trial, The respondent Jasveer Singh contested the genuineness and trustworthiness of the information's recorded by the I.O. at his instance claiming that the same were recorded under threat and duress and if he was subjected to Narco Analysis, Brain Mapping and Polygraph Tests in context to his information's recorded by the I.O., the true picture would come to fore. An application to this effect was submitted by Jasveer Singh at the stage of defence evidence. The prosecution opposed the said application tooth and nail and resisted the same on the ground that the accused did not make a prompt prayer for getting the tests carried out during investigation and the belated application should be rejected as it was just intended to delay the trial.

(3.) The trial court accepted the application submitted by the accused by the impugned order dated 06.03.2017 holding that in view of the ratio of the Supreme Court judgment in the case of Smt. Selvi and Ors. Vs. State of Karnataka, AIR 2010 SC 1974, the narco analysis and other similar invasive scientific tests could be carried out upon the accused with his consent and the results thereof would be admissible in evidence and would help the court in reaching to the truth and for the just decision of the case. The trial court further held that allowing the tests to be conducted was essential for providing a fair chance of defence to the accused who was facing trial for the offences involving capital punishment. The State of Rajasthan has now approached this Court by way of this revision for challenging the order dated 06.03.2017 by which the application filed by the accused was allowed.