"Saying it cannot rush to any conclusion on the basis of incomplete particulars, the court listed the matter for June 3."
New Delhi, May 19 - A court here has directed Delhi Police to exhume skeletal remains of a child and carry out a DNA examination for establishing the identity of the victim in a kidnapping and murder case of a six-year-old boy.
Observing that DNA of the deceased did not match with parents of the missing boy, the court directed police to exhume the skeletal remains of the child while hearing the case of the 2012 kidnapping from west Delhi's Swaroop Nagar.
As observed, after the receipt of the DNA Fingerprinting Report, there is a sudden twist in the case put forth by the prosecution as the report of the DNA expert shows the questioned exhibit (i.e. hip bone preserved by the autopsy surgeon) which the prosecution claims belonged to the missing child does not match with the source (i.e. DNA of parents of the deceased child), said Additional Sessions Judge Kamini Lau.
The order delivered May 13 was released Monday.
The court directed police to conduct the exhumation of the skeletal remains of the child, buried at Libaspur cremation ground under the supervison of a senior police official and ordered the entire proceedings of exhumation be got video-graphed and be conducted after taking due care of the social, religious and personal sensibilities.
Though the correctness and authenticity of this (DNA) report has been challenged before court by the prosecution, yet, assuming that the same is correct, then the entire case put forth by the prosecution against the accused collapses.
The court was hearing a kidnapping case against Ashish, facing trial for kidnapping his landlord's minor son in 2012. Police alleged Ashish kidnapped the child after his landlord opposed his illicit relationship with a woman, a co-accused in the case.
Police later found a body near a drain in Swaroop Nagar and claimed it to be the body of the missing child. However, the DNA test of the body did not match with the missing child's parents.
The court said: The two questions which then arise are first -- Where is the missing child and secondly - Who is the child whose skeleton has been found on the banks of the nala/drain.
Saying it cannot rush to any conclusion on the basis of incomplete particulars, the court listed the matter for June 3.
I have considered the submissions made before me and am of a view that it is necessary for this court to ensure that complete truth emerges and justice is done, the court said.