The full text of a High Court verdict said that the expert report of DNA test would be accepted as evidence only when the concerned doctor (report maker) appears in court and proves the content of the report under his signature.
"The expert report will be accepted as evidence only when the expert person (report writer) appears in court and proves the content of the report with his signature on it and be present for cross-examination during the trial," the HC bench comprising Justice Md Rezaul Hasan and Justice Fahmida Quader came up with the observation in the full judgment released recently of a rape case.
According to the case statement, the accused committed repeated rape of the victim with the lure of marriage. As a result, the girl became pregnant. DNA test is also done in this regard.
In January 2006, victim filed a rape case with the Habiganj Women and Children Repression Prevention Tribunal.
After the investigation, the investigating officer submitted charge sheet against the accused Kashum Ali before the court. In March 2009, the tribunal framed charges against the accused under Section 9 (1) of the Women and Children Repression Prevention Act.
After hearing the testimony of four witnesses, the tribunal allowed the accused to defend himself under section 342 of the Criminal Procedure Code. But the accused did not provide any evidence in defence. After two years of argument and hearing, the tribunal judge acquitted the accused in the case.
The plaintiff failed to file appeal with the High Court against the judgment in time.
Later, the plaintiff filed a quashed petition with the High Court under section 561 (A) of the Code of Criminal Procedure seeking cancellation of the tribunal judgement.
After hearing on the petition, the HC issued a rule. After final hearing on the rule, the HC bench overturned the tribunal verdict and sentenced the accused to life imprisonment.
At the same time, the HC bench directed the authorities concerned to pay maintenance to the victim and her child as per section 13 of the Women and Children Repression Prevention Act. It also directed the District Commissioner to take appropriate steps to implement the HC directives.
In its observation, the HC bench said, as per the law, the responsibility of proving the DNA report was on the accused. But the accused failed to do so. The person who prepared the alleged DNA report was not produced as a witness. As a result the report remains unverified, which is not admissible as evidence in accordance with the law.
In such a case, whether the victim objected to the DNA report or not is a moot and irrelevant question. Defendant is not exempted from the burden of proof whether or not a complaint is filed, the HC verdict said.
In rape cases, direct evidence other than the victim cannot be expected. Hence, the quality and reliability of the victim's testimony is very important in such cases, the HC verdict noted.
In this case the person who prepared the DNA report was not produced as a witness in the court. As a result the report remains unverified. As a result, report cannot be accepted as legal evidence, the HC verdict said.
According to the Evidence Act, if the statement of the plaintiff is credible, the accused can be convicted and punished on that basis. A perusal of the evidence on record of the Tribunal shows that the charges levelled against the accused have been proved beyond reasonable doubt. The Tribunal judge made a grave mistake in assessing the evidence and did not give a proper verdict which was cancelled, the HC verdict said.
