The Allahabad HC has directed the State Govt. to take expeditious examinations of viscera samples to help investigating agencies. The bench of Justice Samit Gopal was hearing a bail application filed by a certain Tahir Khan of Jhansi in UP, who has been booked under Section 363, 366 of IPC read with Section 3(2) 5 of SC/ST Act and Section 11/12 of POCSO Act.
CASE BACKGROUND
During the last hearing, the court asked the investigating officer as to why did he not add the charge of Murder against the Accused since the girl/victim was allegedly kidnapped by the applicant and he got the victim admitted to the hospital where she died on Nov 3, 2020. In the affidavit it was submitted that the viscera were sent for chemical analysis in March 2021 but was not examined till October 22, hence the delay.
The court examined that observation of viscera is very important part of an investigation that provides a link regarding the cause of death or gives a lead in the matter. Further, the Court noted that the delay in examination of viscera was seen not only in this case but in many other cases.
On the request of learned A.G.A., the matter was adjourned and he was directed to get the examination of viscera expedited and file its report by 11.11.2021 by means of an application/affidavit. With this, the Court listed the matter for November 11, 2021.