Indian Kanoon - Search engine for Indian Law

3. To substantiate this submission on behalf of the appellant, learned counsel for the appellant have drawn attention of this court to Ex.P-39, which is a report of Regional Forensic Science Laboratory, Bhopal dated 23.08.2022 in which it is mentioned that human sperms were found on Articles H-1, H-2, I, J, K-1, L, M and N. It is submitted that Article H-1 is the leggy of the deceased, Article H-2 is the T-shirt of the deceased, Article-I is the vaginal slide swab of the deceased whereas Article-J is the Rectal swab slide of the deceased. Article K-1 is half pants of the deceased, whereas Article-L is the piece of vest, Article-M is the underwear of the appellant and Article-N is his semen slide. This report Ex.P-39 reflects that human sperms and semen were found on these articles.

NEUTRAL CITATION NO. 2025:MPHC-JBP:50923 CRRFC No.6 of 2024 & CRA No.12363 of 2024

4. It is submitted that Article-L is of great importance, so also Articles H-1, H-2, I and J, inasmuch as, they were personal belongings of the victim and the vaginal and anal swab, respectively. Once human sperms were found on the said articles, then prosecution was obliged to subject them to DNA Fingerprinting with the blood sample obtained from the appellant.

shirt of the deceased, so also vaginal slide swab (Article-I), rectal swab slide (Article-J), piece of vest (Article-L) while not putting them to DNA Fingerprinting Test, inasmuch as, DNA Fingerprinting Report (Ex.P-40) only makes a mention of the fact that the mixed Autosomal STR DNA Profile obtained from the nail clippings of the appellant-Kishan @ Chinnu Machchiya matched with the skin scrapping of throat of the victim.

11. After postmortem skin scrapping of throat of the victim, her nail clippings obtained from her hands, leggy, along with a hair which was found on the leggy and vaginal swab, rectal swab etc. were sealed and handed over to woman Constable Saloni Khore (PW-10) vide seizure memo (Ex.P-21).

12. It has come on record that as per postmortem report (Ex.P-16), cause of death of victim is mentioned as throttling and mode of death is asphyxia. Time passed since death is between 16 to 24 hours prior to time of postmortem examination done. All injuries are ante mortem in nature. There is case of sodomy that can be confirmed after chemical analysis of vaginal smear slides, NEUTRAL CITATION NO. 2025:MPHC-JBP:50923 CRRFC No.6 of 2024 & CRA No.12363 of 2024 rectal smear slides, hair, skin clippings, nails and clothes. It is mentioned that death was homicidal in nature. This short postmortem report (Ex.P-16) has been proved by PW-6 Dr. (Smt.) Rekha Singh Gour. In the postmortem, Dr. (Smt.) Rekha Singh Gour found following injuries :-