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NEUTRAL CITATION NO. 2024:MPHC-JBP:56065 CRA No.6422 of 2019 & CRRFC No.10 of 2019

20. PW-5 Ashok Sharma along with Dr. Neelam Shrivastava conducted autopsy on 09.06.2019 and found that the legging is smudged with blood at perineal region and torn for a length of 4 cm from the seam. Face was dark and cyanosed with bruises on right and left side of the face. There was tear measuring 0.5 cm long and another tear measuring 0.6 cm and third tear measuring 1.0 cm were found on the anal region along with another tear measuring 0.5 cms long. There were bruises on the vaginal part of the victim. Vide Ex.P-11 opinion was given that cause of death was due to asphyxia as a result of throttling and smothering. Death was homicidal in nature. Evidence of sexual violation per vagina and per anus were present. Hence, vaginal smear and anal smear slides were prepared and their swabs were preserved for further examination and analysis. Viscera was preserved for chemical analysis. Both hands finger nails clippings were taken separately and clothings were preserved and handed over to the concerned police. Duration of death was shown to be within 24 hours since postmortem examination. Photographs were taken and videography was done by Vikash Shukla, SI, Police Control Room, Bhopal.

13).

26. Broken pieces of bangles recovered from the hutment of the accused were subjected to identification in the hands of mother of the victim by Naib Tehsildar Ms. Anjushree Gupta (PW-12) vide identification panchnama (Ex.P-

5).

27. PW-15 Alok Shrivastava through Superintendent of Police, South Bhopal, had sent collected samples to the Regional Forensic Science NEUTRAL CITATION NO. 2024:MPHC-JBP:56065 CRA No.6422 of 2019 & CRRFC No.10 of 2019 Laboratory, Bhopal vide Draft (Ex.P-30) on 10.06.2019. Report of the FSL laboratory is Ex.P-32 in which it is mentioned that positive results were found on the following articles on which human sperms were also found, namely, B1 (piece of cloth recovered from the house of the accused-appellant), C1 (clippings of mattress), D (bed-sheet), E (underwear of the appellant), F (cotton swab collected near the gate), H1 (kurti of the victim), H2 (leggings of the victim), I (anal slide of victim), L (vaginal swab of victim), M (vaginal slide of deceased), N (anal swab of victim), O2 (T-shirt of appellant), P (underwear of appellant), S (penis slide) and T1 (glans penis swab).

29. DNA report is Ex.P-37 in which it is mentioned that similar male DNA profile is detected on the source of article B (piece of cloth recovered from the house of accused), C (piece of bed-sheet recovered from the house of accused), NEUTRAL CITATION NO. 2024:MPHC-JBP:56065 CRA No.6422 of 2019 & CRRFC No.10 of 2019 D (double bed-sheet recovered from the house of accused), E (underwear of the accused), F (blood/semen collected on cotton near the door of accused), H (clothes of deceased), I (slide of deceased), J (right hand nails of deceased), K (left hand nails of deceased), L (vaginal swab of deceased), M (vaginal slide of deceased), N (anal swab of deceased), O (clothes of accused) and U (blood sample of accused). Similar female DNA profile detected on the source of article A (blood stains collected on cotton from the spot), B (piece of cloth recovered from the house of accused), C (piece of bed-sheet recovered from the house of accused), G (blood stains collected on cotton from the bathroom of accused), I (slide of deceased), J (right hand nails of deceased), K (left hand nails of deceased), O (clothes of accused), T (penis and pubic area swab of accused) and on the source of article H (female fraction) (clothes of deceased). Presence of accused Vishnu's (article U) body fluid (semen) is detected on the source of article D (double bed-sheet recovered from the house of accused), F (blood/semen collected on cotton near the door of accused), H (male fraction) (clothes of deceased), L (vaginal swab of deceased), M (vaginal slide of deceased), N (anal swab of deceased), P (underwear of accused) and S (penis slide of accused). Presence of deceased's body fluid (article H (clothes of deceased)-female fraction) is detected on article T (Penile swab). Opinion NEUTRAL CITATION NO. 2024:MPHC-JBP:56065 CRA No.6422 of 2019 & CRRFC No.10 of 2019 given by Dr. Pankaj Shrivastava in DNA report (Ex.P-37) is reproduced below:-

57. Recovery of golden bangles of 2 inches size, 5 pieces of golden bangles, one filled pouch of 'vimal pan masala', 2 empty wrappers of Rs.5/- each of Yellow Diamond namkeen, 2 pieces of white black and maroon lined clothes, containing sperms like substance, clippings of the bed-sheet containing blood stains, a male underwear with a chit of ESSA measuring 90 cms, a double bed multi colour bed-sheet containing chit of Metropolis and stains, then blood stains/semen marks collected from the outer side of the main gate and blood stains collected from the bathroom of the house of the accused in a cotton swab, were seized vide Ex.P-23. They all were subjected to DNA examination vide Ex.P-37 and Ex.P-39 and the DNA report is positive, inasmuch as, it is mentioned that accused Vishnu's body fluid is detected on the source of Article B (clothes recovered from the house of the appellant), Article C (clipping of the mattress), Article D (bed-sheet), Article E (underwear of the NEUTRAL CITATION NO. 2024:MPHC-JBP:56065 CRA No.6422 of 2019 & CRRFC No.10 of 2019 accused), Article F (cotton swab taken from the sample close to the door, Article H (kurti of the deceased), Article I (anal slide of the deceased), Article J (nails of right hand of the deceased), Article K (nails of left hand of the deceased), Article L (vaginal swab), Article M (vaginal slide), Article N (anal swab) and Article O (clothes of accused). Articles D, F were recovered from the house of the appellant, whereas H are the clothings of the deceased. L is the vaginal swab of the victim, M is the vaginal slide, N is the anal swab, P is the underwear of the appellant and S is the penis slide of the appellant. It has also come on record that deceased's body fluid (Article H-Female faction) was detected on Article T i.e. the penial swab. Thus, scientific evidence has been able to prove violation of privacy of the victim in the hands of the appellant.