PRAKASH NISHAD @ KEWAT ZINAK NISHAD v. STATE OF
MAHARASHTRA
that, at the time when such a positive call was required to be
made by the authorities, reasonable grounds did not exist for the
compliance with Section 53A to be a must? This, in the view of
this Court is a glaring lapse in the investigation of this crime, for
a six-year-old child was sexually assaulted on both of the private
parts of her body. Medical examination of the appellant would
have resulted into ascertainment of such assault. In the present
case, the delay in sending the samples is unexplained and
therefore, the possibility of contamination and the concomitant
prospect of diminishment in value cannot be reasonably ruled
out. Samples when collected are sent to the concerned laboratory
as soon as possible. Chain of custody implies that right from the
time of taking of the sample, to the time its role in the
investigation and processes subsequent, is complete, each
person handling said piece of evidence must duly be acknowledged
in the documentation, so as to ensure that the integrity is
uncompromised. It is recommended that a document be duly
maintained cataloguing the custody. A chain of custody document
in other words is a document, “which should include name or
initials of the individual collecting the evidence, each person or
entity subsequently having custody of it, dated the items were
collected or transferred, agency and case number, victim’s or
suspect’s name and the brief description of the item.” Indisputably,
these “without any delay” and “chain of custody” aspects which
are indispensable to the vitality of such evidence, were not
complied with. In such a situation, this court cannot hold the DNA
Report Ext.85 to be so dependable as to send someone to the
gallows on this basis. In the present case, even though, the DNA
evidence by way of a report was present, its reliability is not
infallible, especially not so in light of the fact that the
uncompromised nature of such evidence cannot be established;
and other that cogent evidence is absent almost in its entirety.
[Paras 52, 54, 56, 58, 61-63 and 66][173-A-B; 174-D-E, F-G; 176B-G; 179-C-D]
Guidelines for collection, storage and transportation
of Crime Scene DNA samples For Investigating OfficersCentral Forensic Science Laboratory Directorate Of
Forensic Sciences Services Ministry Of Home Affairs,
Govt. of India – referred to.
155
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