control and quality
procedure in the laboratory. (self emphasis supplied)
53. The procedure, which is to be adopted for
.
collecting the samples as well ... discussed the evidentiary value
of the DNA report and the procedure for collecting the
samples. The relevant paragraphs
contest the case. In the examination
under Section 313 of the Cr.P.C., the appellant denied all the
incriminating evidence and circumstances appearing against ... provision of
Section 53-A Cr.P.C. in the course of investigation, the DNA
samples of the prosecutrix, her fetus and the appellant ought
doctor
was also not examined to prove the said sample, we directed
that a fresh sample of the hair of the appellant ... before us on 29.10.13 along with some other
samples which were collected. As the previous sample of the
hair and blood which were taken from
28630/2016
State Vs. Akil 10/19
samples. This witness had seized the said blood samples vide seizure
memo Ex.PW12/E. This witness ... sample; IO had seized the
Case No.28630/2016
State Vs. Akil 15/19
blood sample vide seizure memo Ex.PW12/C; blood sample
well her
friends (PW-1 and PW-11) under Section 164 of CrPC. He read over the
contents of the statement which was marked ... recording their
statements under Section 164 of CrPC. He also collected the reports of the
samples from the State Forensic Science Laboratory which were being
fingerprint of a person matches with that of a
sample, it means that the sample has come from that
person only. The probability ... Cr.P.C.,
it held thus:
"Para-14. In this view of the matter, though Section 53 Cr.P.C.
refers only to examination
further submission that while collecting the blood
sample of the female child and the appellant-accused
the procedure as contemplated has not been followed ... blood sample of
the accused, the witnesses were not present. He has
further admitted that in connection with a drawing of
the blood sample
lapses in sealing and packing of the blood samples and D.N.A.
samples, no more reliance can be placed on those reports ... from the concerned Laboratory and no proper procedure was
followed. The prosecution could not explain where the samples were kept
before their journey to different
evidence on record to show proper collection of blood
samples and insufficient proof that the samples used for the
DNA analysis were properly preserved ... Laboratory. According to the learned counsel for the appellant,
the procedure of collection of samples was vitiated in such a
manner that the DNA report
evidence on record to show proper collection of blood
samples and insufficient proof that the samples used for the
DNA analysis were properly preserved ... Laboratory. According to the learned counsel for the appellant,
the procedure of collection of samples was vitiated in such a
manner that the DNA report
