Challan is not incomplete sans forensic report: HC

CHANDIGARH: Not filing a forensic report with the challan in a sexual assault case does not make it incomplete, the Punjab and Haryana high court has ruled. The question before the court was whether non-submission of a report from a chemical examiner would result in filing of an incomplete challan entitling an accused to exercise the right to seek default bail, particularly in cases of sexual assault.

The high court bench of justice Suvir Sehgal asserted that the final report in such cases would be complete on the statement of the prosecutrix under Sections 161 (given to police) and 164 of the Code of Criminal Procedure (to a magistrate).

“.... the forensic science laboratory (FSL) report can be used only to corroborate the version of the prosecution. On the basis of the challan, filed by the investigating agency, the (trial) court can take cognisance of the offence. Non-filing of the FSL report with the chargesheet does not make the challan incomplete,” the bench said.

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

He had moved high court challenging the trial court order with which his plea for default bail was dismissed in February 2022. His argument was that he was not present at the spot and that he had been implicated due to a civil dispute. “There is an unexplained delay of five days in reporting the occurrence. The challan has been presented before the court in November 2021, which is defective as it is not accompanied by the forensic report. Defective challan cannot be taken to have been submitted in compliance of the statutory provisions. Hence, he is entitled to grant of default bail,” his counsel had said.

The government counsel argued that mere non-filing of the forensic report with the final report will not make the challan incomplete and the petitioner is not entitled to be released on default bail in view the nature of allegations and the gravity of the alleged offence.

The court took note of the fact that challan is accompanied with the statements of the prosecutrix, her mother, birth certificate, clothes, medical reports of the accused and the victim and other incriminating material. However, forensic report could not be submitted as it was not received from the laboratory.

“The argument of the counsel regarding the falsity of the accusation, the alleged delay in lodging of the FIR or his plea of alibi, are not germane to the adjudication of the application seeking grant of default bail,” the bench observed dismissing the plea and refusing to interfere with the trial court order.

...the forensic science laboratory report can be used only to corroborate the version of the prosecution. HIGH COURT