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Is there enough sample for CBI to do its own tests?

Updated on: 24 August,2020 07:01 AM IST  |  Mumbai
Vinod Kumar Menon | vinodm@mid-day.com

sources in Kalina forensic lab tell mid-day that 80 per cent of the visceral samples collected have been used for analysis in the original probe, leaving only 20 per cent for the central agency

Is there enough sample for CBI to do its own tests?

Mumbai police personnel outside Sushant Singh Rajput's Bandra residence on the day of his death. Pic/Shadab Khan

The Central Bureau of Investigation (CBI), which has just taken up the Sushant Singh Rajput case, has its task cut out for it with almost 80 per cent of the viscera (samples of organs) already having been utilised for analysis by the state's Forensic Science Laboratory (FSL), Kalina. The CBI may need to conduct its own analysis of the viscera samples to rule out intoxication or poisoning that can point to foul play.


The FSL Kalina had submitted a negative report after its analysis.


According to forensic sources, police had submitted four containers containing the viscera and blood sample after Sushant's autopsy.


CBI officers at Bandra police station. Pic/Sameer Markande
CBI officers at Bandra police station. Pic/Sameer Markande

"Nearly 80 per cent of the organ samples have been used for analysis. The blood was analysed for DNA, which is preserved. Nothing suspicious was found. The remaining samples have been sealed and preserved at FSL, Kalina. They can be used for a second analysis in case of disputes," said a forensic expert.

But is that much viscera enough for an analysis? "The CBI may want to do specific reanalyses, for which the sample may be sufficient. However, repeat tests after that might be a concern."

Highly placed sources investigating the case said, "The FSL scientist from Kalina who had visited the crime scene for analysis, found a cigarette butt and medicine strip, which were also analysed as non-biological samples along with a glass, but nothing incriminating was found."

Also Read: Sushant Singh Rajput Suicide: CBI again visits actor's flat in Bandra with Siddharth Pithani, staff

Sushant Singh Rajput
Sushant Singh Rajput

"There is no scope for further crime scene analysis as it has not been preserved by local police, so subsequent missing of vital clues cannot be ruled out. With Sushant's body cremated, the CBI will have to rely on the post-mortem notes and the video footage of the autopsy. This may not be sufficient to ascertain direct foul play as no nail clippings, or finger swab were preserved," the source said.

Legal view

Senior criminal lawyer Dinesh Tiwari said, "Taking on the case after two months since the incident only makes CBI's situation grimmer. Crime can be tried in court on the basis of direct and circumstantial evidence which need to be corroborated with scientific evidence. It seems the CBI will have a big challenge of extracting forensic evidence."

Tiwari added, "The CBI will have to depend either on circumstantial evidence which may not lead to a foolproof case or puncture holes into the shoddy investigation by Mumbai police by submitting an inconclusive report in court."

FSL scientist's statement

CBI officials have also contacted FSL, Kalina to record the statement of a forensic scientist attached to its Physics department. Sources said that the analyst would be able to tell if any fibres from the cloth used for hanging got stuck on the neck and if the cloth was strong enough to bear Sushant's weight. Sources said that the FSL has asked the CBI to reach out through official channels.

Meanwhile, the Medico Legal Association of Maharashtra refuted reports that five forensic surgeons who conducted the analysis were questioned by CBI. Dr Shailesh Mohite, the Association's president, said, "The reports are untrue. The forensic surgeons approached us and were concerned about being trolled online. We would appreciate factual reporting in such sensitive cases," Mohite said.

Professor Dr Rajesh Dhere, the Association's secretary, "If any submission is made by forensic surgeons attached to Cooper with regard to Sushant's autopsy, we will look into it."

A CBI officer of the rank of sub-inspector did visit Cooper hospital on Saturday and submitted a letter requesting the CCTV footage of the casualty ward, the Cooper Post Mortem Centre and relevant documents.

An insider said, "Cooper hospital's dean may be able to furnish all details except the CCTV footage of the post mortem centre as it comes under Police Surgeon Dr S M Patil."

Dr Patil was unavailable for comment due to personal reasons. Dr Pinakin Gujjar, dean of HBT Medical College and Dr R N Cooper hospital, said, "I cannot comment at this stage as a CBI probe is on."

Expert speak

Solicitor Stuti Galiya said, "In any criminal investigation, a crime scene provides actual, direct and physical evidence. This evidence virtually determines the fate of the case. In the two months since the incident, it is likely that most of the direct and physical evidence may be lost or tampered with. The court would have to rely heavily on circumstantial evidence. This would leave a lot of room for interpretations, arguments and questions on authenticity and genuineness of the evidence," said Galiya.

"It is possible that either an innocent person will get dragged in the case or the real culprit will get acquitted," Galiya concluded.

Five
No. of forensic surgeons who conducted Sushant's autopsy at Cooper hospital

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