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“i) Perivaginal & vaginal blood stain present.

ii) Bite marks present over the both breast.

iii) Multiple scratches and contusions variable size present around the neck.

iv) Abrasion present, 3 x 2 cms left Elbow region.” The Doctors, in conclusion of the postmortem and after receipt of the Chemical, Forensic, Pathological and Microbiological Reports, have given their final opinion that the deceased would appear to have died of asphyxia due to neck compression, 6 to 24 hours prior to Autopsy.

6.3. The trial Court ought to have rejected the expert opinion pertaining to the DNA test, as the same was not conducted by invoking the procedure enshrined under Section 53(a) Cr.P.C., and moreover, the copies of the http://www.judis.nic.in report were also not served to the appellant / first accused.

6.4. The Doctor [PW25] in his evidence has stated that there were several size of teeth bits around the breast of the deceased, which illustrates the involvement of several other persons. Moreover, the bite mark analysis has not been done by the investigating agency.

24. Autopsy on the deceased body was conducted by Dr.T.Sakthivel [PW25] and Dr.Sumathi. The postmortem was conducted on 24.06.2014 at 11.35 am and the Doctors have noted down four external injuries as follows:

i) Perivaginal & vaginal blood stain present;

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ii) Bite marks present over both the breasts;

iii) Multiple scratches and contusions of variable size present around the neck; and

iv) Abrasion of 3 x 2 cm present over the left elbow region.

The Doctors have issued the postmortem certificate, which was marked as Ex.P14, on 21.08.2014, that the deceased would appear to have died, 6 to 24 hours prior to Autopsy, of Asphyxia due to neck compression.

25. The Doctors have noted down multiple injuries and contusions of variable sizes around the neck of the deceased and that the death was due to Asphyxia. The Doctors have also noted down several bite marks over both the breasts as well as bloodstains on the perivaginal and vaginal parts of the deceased. Therefore, the prosecution has established that the death was due to Asphyxia due to neck compression. The presence of several bite marks over both the breasts of the deceased and the evidence of the Doctor [PW25] establish the case of the prosecution that the deceased was subjected to sexual assault prior to the occurrence and was also killed by strangulation. http://www.judis.nic.in