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39. As per evidence of Investigating Officer Bapu Khatpe (PW5), on 1.5.2016 he issued a letter to Assistant .....37/-

Judgment apeal518.18 18 Chemical Analyzer RFSL Nagpur for getting DNA Kit. The said requisition is at Exhibit 54. A glance at Exhibit 54 shows that by addressing the said requisition the Investigating Officer requested for providing Two DNA Kits and other material for obtaining blood sample of the victim (PW3) as well as the accused. Evidence of the Investigating Officer shows that the said requisition (Exhibit 54) was sent through NPC Jamir Sheikh, as it could be seen from duty pass (Exhibit 53) which shows that he shall go to Chemical Analyzer and report compliance. As per Investigating Officer Bapu Khatpe, said Jamir Sheikh brought the demanded kits and submitted his return report to the police station. The said report given by Jamir Sheikh is at Exhibit 55. Recitals of Exhibit 55 shows that Jamil Sheikh reported that on 3.5.2016 at 5:30 he left for Forensic Science Laboratory at Nagpur and brought DNA Kits on 4.5.2016 at 19:00 hours.

40. Thus, DNA Kits were available for obtaining blood .....38/-

Judgment apeal518.18 18 samples of the victim as well as the accused to the Investigating Officer only after 19:00 hours of 4.5.2016. As per evidence of Investigating Officer (PW5), he gave requisition (Exhibit 56) to Medical Officer, Rural Hospital at Sironcha for taking blood samples of the victim (PW3) since it was to be sent for DNA profiling to Chemical Analyzer at Nagpur. The said sample, according to the Investigating Officer, was sent through WPC Manisha Munde. Similarly, he gave requisition letter to Medical Officer, Rural Hospital at Sironcha for taking blood samples of the accused in DNA Kit. The said requisition is at Exhibit 57. The said requisition was sent, according to the Investigating Officer, through Police Constable Shriniwas. Both these requisition letters are dated 5.5.2016.

41. From the aforesaid two requisition letters (Exhibits 56 and 57), it is clear that prior date 5.5.2016 blood samples of the victim as well as the accused were not obtained for DNA .....39/-

Judgment apeal518.18 18 profile. Even otherwise, it could not have been available because the DNA Kits were received in the police station only at 19:00 hours of 4.5.2016.

51. On re-appreciation of the prosecution case, in this behalf, which shows that the prosecution has not proved by cogent and acceptable evidence that blood samples of the victim (PW3) and the accused were extracted in the DNA Kits and all precautions were taken by the doctor and in absence of examination of the doctor, it is really difficult to hold that all precautions were taken and the blood samples were sealed and in absence of seizure panchanama of those DNA Kits by the Investigating Officer, in my view, it is hazardous to place reliance on this piece of the evidence. In addition to that, though this piece of evidence, which was used by learned .....44/-