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v) Exhibit -2a (hair from near seat), Exhibit -2b (hair from left side of rear seat). Exhibit-2e (hair from below the left front seat). Exhibit-9 (urethral wash, Sushil Kumar) Yielded highly degraded DNA from which no DNA profiles were obtained.)

20. The viscera of the deceased Sushil Kumar was also sent to FSL, Junga for analysis and its report was also received with the following opinion:

C/SFSL/DNA- (77)/12 dated 31-08-2012.

ii) The DNA profile obtained from Exhibit-3 (nail clipping of hand of Asha Devi), Exhibit-4 (nail clipping of feet, Asha Devi) matches completely with the DNA profile obtained from Exhibit-5 (blood sample, Asha Devi).

Iii) Exhibit 9 (mobile, Sushil Kumar), Exhibit-11 (burnt cloths, ash and soil), Exhibit-12 (steel hooks) and Exhibit-15 (chappals, Asha Devi) yielded highly degraded DNA which showed no amplification with AmpF/STR identifier plus PCT Amplification Kit; hence no DNA profiles could be generated from these exhibits.

noticed that while taking the mobile of the appellant in possession no independent witness has been associated and no explanation whatsoever has been given by the prosecution for not associating independent witness while taking vital of piece of evidence i.e. mobile phone of the appellant.

59. Moreover, the DNA conducted on the phone of the rt deceased Ext. 9, as per the report of the FSL, yielded highly degraded DNA which showed no amplification and hence no DNA profile could be generated from the phone and thus again vital link in the evidence of the prosecution connecting the phone of the deceased with that of the prosecution has not been proved.

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73. Lastly and more importantly, the FSL in Clause (iii) of its report has categorically observed as under:-

Iii) Exhibit 9 (mobile, Sushil Kumar), Exhibit-11 (burnt cloths, ash and soil), Exhibit-12 (steel hooks) and Exhibit-15 (chappals, Asha Devi) yielded highly of degraded DNA which showed no amplification with AmpF/STR identifier plus PCT Amplification Kit; hence no DNA profiles could be generated from these rt exhibits.