Laboratory, Haryana
Madhuban, Karnal (for short 'FSL') for analysis. Human semen was
detected on the kachha and pajama. The grouping was inconclusive.
After ... there should be complete penetration of the male
organ with emission of semen and rupture of hymen. Even partial or
slightest penetration of the male
Forensic Science Laboratory in report
Ex.P19 opined presence of human semen and blood on the
underwear of the prosecutrix.
ASI Jagbir Singh took ... underwear, that was smeared with blood and human semen which
were seized vide memo Ex.P14. The appellant also identified the
place of occurrence
seen the FSL report (Ex.PH) and opined that human semen was
detected on the vaginal swab (marked as exhibit-2 in the FSL).
Therefore ... swab. After laboratory examinations were
carried out to detect the presence of semen on the exhibits, it was
opined that; human semen was detected
himself to a test for ascertaining as to whether he could produce semen, an inference was drawn that if such an examination had been held ... respondent would not have been able to produce healthy semen or for that matter any semen. Having found these facts the learned Trial Court further
prosecution has in common
relied on the evidence in the form of semen on the appellants
own underwears after about 7/8 days ... evdience is improbable and does
not have any incriminating value as the semen was not found
to have matched with any articles recovered from
face
and neck, all other organs were found to be healthy, but semen was found
present on the vaginal swabs taken from her body ... healthy, but it was also
recorded that "copious amount of semen fluid was coming out of the
intriotus". The intriotus was described
report of the FSL
(EX.PA) and as per the same semen was found present on the
underwear of all the above named three accused ... this case. Then on the
basis of the FSL report, semen was detected on the Salwar and
shirt.
A perusal of the affidavit
ruled
out. The report reads as under:
" 1.(i) Human semen mixed with blood was detected on
Ex.-1a (underwear).
(ii)Blood ... detected on Ex-1b(Piece of cloth). However,
semen could not be detected on this exhibit.
2. (i) Blood could not be detected
given as light magenta,
with elastic on it, upon which blood and semen stains were present. A
separate parcel is stated to have been made ... presence. As per
this witness, the under-wear also had stains of semen on it and was put into
a sealed parcel, after which
effect that
Crl.Appeal No.2010-SB of 2002 8
no semen was detected. In case, appellants had raped the prosecutrix, then
semen should have ... report of the
laboratory, underwear was found to contain semen. In case as per report of
the laboratory, semen was not found on the clothes
