Chandigarh: Non-filing of a forensic report with the challan in a sexual assault case doesn't make it incomplete, the Punjab and Haryana excessive court docket has dominated.

The query earlier than the court docket on this case was whether or not non-submission of a report from a chemical examiner would end in submitting of an incomplete challan entitling an accused to train the appropriate to hunt default bail, significantly in circumstances referring to sexual exploitation of girls.

The excessive court docket bench of justice Suvir Sehgal asserted that the ultimate report in such circumstances can be full on the assertion of the prosecutrix beneath Sections 161 (given to police) and 164 of the Code of Prison Process (to a Justice of the Peace).

“....the forensic science laboratory (FSL) report can be utilized solely to corroborate the model of the prosecution. On the premise of the challan, filed by the investigating company, the (trial) court docket can take cognisance of the offence. Non-filing of the FSL report with the chargesheet doesn't make the challan incomplete,” the bench mentioned.

The court docket was listening to a plea from one Kulwinder Singh of Tarn Taran, who was booked for raping a minor in October 2021.

He had moved excessive court docket difficult the trial court docket order with which his plea for default bail was dismissed in February 2022. His argument was that he was not current on the spot and that he had been implicated as a result of a civil dispute. “There's an unexplained delay of 5 days in reporting the prevalence. The challan has been offered earlier than the court docket in November 2021, which is flawed as it isn't accompanied by the forensic report. Faulty challan can't be taken to have been submitted in compliance of the statutory provisions. Therefore, he's entitled to grant of default bail,” his counsel had mentioned.

The federal government counsel argued that mere non-filing of the forensic report with the ultimate report is not going to make the challan incomplete and the petitioner shouldn't be entitled to be launched on default bail in view the character of allegations and the gravity of offence allegedly dedicated by him.

The court docket took word of the truth that challan is accompanied with the statements of the prosecutrix, her mom, beginning certificates, garments, medical studies of the accused and the sufferer and different incriminating materials. Nonetheless, forensic report couldn't be submitted because it was not obtained from the laboratory.

“The argument of the counsel concerning the falsity of the accusation, the alleged delay in lodging of the FIR or his plea of alibi, should not germane to the adjudication of the appliance searching for grant of default bail,” the bench noticed dismissing the plea and refusing to intrude with the trial court docket order.