Mattoo case: Prove samples not tampered, Delhi HC tells CBI

NEW DELHI: Questioning the CBI's logic in not subjecting Priyadarshini Mattoo's personal garments and swab material to DNA test, the Delhi High Court on Wednesday asked it to prove that the samples seized from the scene of offence were not tampered with in the sensational rape-cum murder case.

The Bench comprising Justice R S Sodhi and Justice P K Bhasin, grilled Additional Solictor General Amrinder Sharan on the two issues for nearly two-and-half hours as the Government counsel sought to put a stout defence that neither were the samples tampered nor did the need arise for subjecting the deceased's samples to DNA test.

Sharan repeatedly asserted that the samples were sealed by the Safdarjung Hospital authorities before being sent to the Hyderabad-based CDFD (Centre for DNA Fingerprinting and Diagnostics).

The court found fault with the CBI for not subjecting the undergarments, vaginal swab and slide samples of Priyadarshini to DNA test when the same analysis was used to match the blood and semen samples of accused Santosh Singh, son of senior IPS officer J P Singh.

"You have failed to explain as to in whose custody the samples were kept from January 25 to 29. Was it in the custody of a chowkidar?" the Bench asked sarcastically, when the ASG sought to explain that the samples were kept in the custody of the Safdarjung Hospital.

When Sharan said the samples were sealed on January 25, 1996, the Bench which is hearing the appeal against the acquittal of the accused and asked the ASG for proofs to show that the sealing was done on the said date.

"Anything could have happened in the four days. It could have been sealed on January 29. Where is the proof that it was sealed on January 25 itself. That is the reason the trial court did not believe you," Justice Sodhi remarked.

The counsel then produced copies of the acknowledgement received from Dr Lalji Singh, Director of the CDFD purportedly stating that the samples were received in a sealed form.

The Bench pointed out that the CDFD might have received the samples in a sealed form but there was no reason why it could not have been tampered with during the four-day period when it was stated to have been stored at the Safdarjung Hospital.

To queries from the Bench, Sharan explained that since the undergarments of the deceased were identified by her mother, the agency did not find the need to subject the same to DNA test.

However, he could not answer the Bench's query as to why the swab samples were not subjected to DNA test.

"It is possible the accused could have committed the rape of some other girl and the samples were used to connect him to this crime," the Bench observed.

When the Bench asked the CBI as to why the samples were not sent to CFSL for analysis, the ASG said the DNA technology was available at that time only in Hyderabad.