Aurangabad Bench of Bombay HC unhappy over SOP non-compliance in evidence collection, preservation in cases of sexual offences

Bombay High Court expresses displeasure over non-compliance with SOP for collection & preservation of evidence in sexual offence cases.

The Aurangabad Bench of the Bombay High Court has expressed displeasure over non-compliance with the Standard Operating Procedure (SOP) laid down for the collection and preservation of evidence, both biological and non-biological, in serious cases pertaining to sexual offences.

A Division Bench of Justices Vibha Kankanwadi and Abhay Waghwase in its judgment on Dec. 19 said time and again the police machinery and forensic experts have shown “utter disregard” for compliance with the SOP to be adopted during the collection of biological and non-biological evidence and its preservation to avoid degradation.

Also read: Reporting rape: On the trauma of rape survivor

“This reflects a very insensitive attitude by all stakeholders like medical experts, police machinery etc,” it said.

The HC quashed an order passed by a special court in Maharashtra’s Parbhani district, convicting a 21-year-old man for allegedly raping a six-year-old girl in 2018.

The court also set aside the life sentence imposed on the man, noting the prosecution had failed to prove the case against him beyond reasonable doubt and hence it was constrained to extend the benefit of doubt to him.

The collection and safe preservation of evidence in the present case has come under serious doubt, it said.