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28). Apart from knife recovered vide seizure memo Ex.P/12, having total length of 8" out of which length of handle is 4", recovery of a soiled glass allegedly containing finger prints of the accused besides other Articles was made vide Ex.P/8. During postmortem of Reena vide Ex.P/24A her vaginal swab and slides were prepared and handed over to the police Constable which were subjected to DNA examination, report of which is Ex.P/43 and certificate of expertise of fingerprint specialist as Ex.P/46 has been corroborated with call details of the appellant and deceased Reena. These call details are Ex.P-16 to Ex.P-20 and on the basis of such DNA report obtained after matching of vaginal swab and sample of blood collected from the appellant vide Ex.P/43, so also on the basis of call details and finger print report, appellant has been convicted on the charge of committing murder of five innocent persons.

13. Dr. J.S.Yadav (PW-24) also conducted autopsy on the body of deceased Chhavi, daughter of Reena and Shashikant, aged about 10 years and found metallic rings in both the ears and in the left hand ring finger. There was a ligature mark measuring 32 cm x 1.5 cm around the neck in a transverse manner. On dissection, margins were found congested with hard and leathery base. There was congestion in the neck and trachea which was full of froth. Both the lungs were congested. Hymen was intact and her vaginal swab and slide were sent for FSL. Even slide and swab of deceased Chhavi could not match with the blood sample obtained from the accused for DNA examination. Doctor opined that as per the postmortem report Ex.P/22A cause of death was asphyxia due to strangulation within 6 to 24 hours. It is pointed out that no finger prints were lifted from the face of deceased Mahima who was smothered to death, so also from the material used to cause ligature mark on the body of deceased Chhavi resulting in strangulation.

154. Failure of the prosecution to make any attempt to recover another mobile of Reena and even not making any attempt to recover the same and not collecting any details of SIM of such mobile of Reena are other lapses on the part of the IO. There is 103 Cri. Reference No.06/2019 (Death Reference) & admission of the IO that he had not sought permission of the Civil Surgeon or CMHO before seizure of alprazolam. In paragraph 54, he denies that he had asked accused to give semen sample on 16.5.16, but admitted that such sample must have been taken by the doctor, but no doctor has been examined as has been discussed above. In paragraph 59, IO has admitted that he had obtained semen sample before receiving postmortem report only on the basis of probability of rape being committed on deceased ladies. The explanation which has been given for obtaining semen sample in paragraph 56 is also hypothetical that if they would not have taken semen sample of the accused and later on if rape would have been verified, then it would have been difficult for prosecution to have obtained semen sample. This statement is contrary to the medico-legal evidence inasmuch as there was no need for obtaining semen sample to verify the factum of rape inasmuch as such semen on vaginal swab or vaginal slide or any of the clothes could have been verified with the DNA profile of the accused by simply obtaining blood sample of the accused, therefore, justification given by the IO for obtaining semen sample appears not only bogus, but concocted and cannot be expected in such a sensitive case of five murders where more sensitivity and professionalism was expected from the IO.

158. Non-motile forms are detectable upto 24 hours with occasional reports of 48-72 hours. If motile sperms are seen in wet semen on a slide, it would mean that intercourse took place within about 12 hours. If the sperms are not motile, it is not possible to say exactly when intercourse took place, expect that it may be over 106 Cri. Reference No.06/2019 (Death Reference) & 12 hours and within 24-48 hours and occasionally upto 72 hours.

159. In microscopic examination detection of spermatozoa on microscopy is the confirmatory test for semen. When wet specimens are used for sperm motility, then it is found that motile sperms -(i) in vaginal samples are found up to 24 hours [100% are motile up to 3 hours; 50% are motile by 8 hours; 10% are motile by 24 hours]. (ii) In endocervix up to 6 days. (b) Non motile sperm heads are detected in the living (i) up to 7 days in the vaginal cavity, (ii) 2-3 days in the anus and rectum, and (iii) 24 hours in the mouth.