amplified products along with controls wee run on
automated DNA sequencer (ABI 3130). DNA profiles
were prepared and analysis was carried out using Gene
Mapper ... sample, Kuldeep Chand).
2. Exhibit-2 (salwar,......{the prosecutrix}) yielded
highly degraded DNA that did not show amplification
with Powerplex 21® PCR Amplification
DNA stands for deoxyribonucleic acid. It is
a biological blueprint of life DNA fingerprinting profile is unique to
each individual and hence the DNA profiling ... high degree of
certainly. DNA is hardly affected by the environmental factors.
DNA is stable and therefore much resistance to degradation
caused by the environmental
__________________________________________________________ vs State Of Himachal Pradesh on 22 December, 2017
Bench: Tarlok Singh Chauhan , Chander Bhusan
connection with the DNA examination in the present case stating that
in the present case DNA profiling/examination, result were not coming from the
exhibits ... used another kit (Mini Filer) by which even DNA could
be generated from degraded sample and submitted the report on the basis of the same
were subjected to DNA isolation,
but DNA could not be isolated from shirt and baniyan of the
injured due to degradation and he gave ... accused but the DNA could
not be isolated from the shirt and baniyan of the victim due to
degradation. From both set of FSL result
prosecutrix.
43. But, as per the DNA report Ex.PW18/A, the DNA could not
be isolated from the source of exhibits S1 (strands ... again no DNA could not isolated from the exhibits due to
inhibitors/degradation.
45. In these circumstances, it cannot be concluded that the
semen detected
manner because the
DNA profiles could not be generated from the exhibits of the victim
due to its degradation and thus no comparison could
such as the right to
privacy, the right against cruel, inhuman or degrading treatment and
the right to fair trial.
The discussion on the `right ... purpose of Article 20(3). Hence, the taking and retention of
DNA samples which are in the nature of physical evidence does not
face constitutional
Mukesh vs State For Nct Of Delhi on 5 May, 2017
Author: Dipak Misra
Bench
Justice K.S.Puttaswamy(Retd) And Anr. vs Union Of India And Ors. on 24
