Cold cases and forensics

 

      The news item of November 12th  2025, to the effect that Surendar Koli has been acquitted in the last pending case against him relating to the 2005 Nithari killings, which shook the nation, does not come as a surprise. The Court has observed that the offenses were heinous, but the identity of the actual perpetrator has not been established in a manner that meets legal standards. It is an established principle that no innocent person should suffer, if the alleged offense is not proved beyond doubt. 

   In view of the principle that there cannot be "double jeopardy " no acquitted person can be investigated again for the same offence, which is in accordance with the norms in most countries around the world. According to NCRB data, between 2016 and 2020 around 7 lakh cases a year were closed as 'untraced' or for 'insufficient evidence. These figures seem to cover all kinds of cases, with murder and culpable homicide perhaps being a small fraction. NCRB figures also show that the number of murder cases in 2023 was 27721. Approximate numbers may have been the same with small variations, every year,  over the past two decades. Even if only one or two of such cases had to be closed as the perpetrator could not be identified or traced, or for want of sufficient evidence where no trial could be initiated, it would  mean 15 to 20 cases over a decade or two. In such cases the families of the victims have no closure. Similar may also be the situation with closed rape cases. 

Forensic science has made remarkable strides over the last decade. Forensic evidence, if captured and analyzed, provides irrefutable and foolproof evidence to nail an offender. In many of the Western countries, forensics has helped solve old murder cases which were closed, otherwise called cold cases. The families of the victims did not get justice or closure for years together. The protocol in those countries even years ago was to collect and preserve DNA recovered from the crime spot. Analysis of the DNA could not be done then, since the techniques had not evolved at that point of time. These cold cases are now being reopened and the preserved DNA are being matched after studying the old case files. In many cases where the offenders had got away, the police have now been able to identify them and build solid cases.

      Today DNA testing has become the norm in India too. It is not known, if 20 or 30 years ago, the investigation protocol in our country included preservation of DNA lifted from the crime scene. If it existed, reopening such closed cases ( not acquittal cases)  might give a glimmer of hope of closure to the families of the victims. If no such protocol existed at that time, then the families of these victims  will continue to be haunted by the same despair that haunts the families in cases where the accused had to be acquitted by the judiciary for poor investigation and consequent weak cases. A sad situation of despair and helplessness. 

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