70 material on the articles matching Rohini’s DNA profile. As is evident from the above table, the DNA material which the prosecution relies on, is that of the victims which according to the prosecution, was found on articles recovered from the possession of the accused. It is not a case of having found DNA material of the accused, at the crime scene or on the bodies of the deceased. Hence, the fingernail clippings (Ex. P18, P19 and P20) taken from the accused at the time of arrest, seem to have not been considered/used. 132. During cross-examination what was put to PW-35, was whether: (a) the time period between seizure/incident and examination would have any bearing on the DNA analysis, (b) there was a cut mark in Manoj’s clothes (G3), (c) the articles were in sealed condition, (d) the clothes had to be kept in a particular condition, and if blood could mix when clothes kept together - the answers to which are satisfactory. However, the typographical error of mentioning ID 3074 as ID 3078 raises concern and was pressed upon by counsel for the appellants. 133. Before this court, the appellants have raised concerns regarding the unexplained delay in sending the articles seized on 23.06.2011 only 20 days later on 13.07.2011 (Ex. P115) and the condition in which they were preserved, the lack of statistical analysis, and that the observation sheet on which PW-35 deposed to have made notings on, was not placed on the record. Serologist Reports prepared by Dr. M.P. Singh (Ex. P123 and P124) are also on the record which reveal that blood was present on one bullet (B4), but blood quantity was not enough to run tests. This naturally raises a question on whether it was possible to extract DNA, at all. The other articles mentioned in the serologist’s report were A10 (Vicks bottle), F2 (Rahul’s left shoe), F3 (Rahul’s nails), F6 (Rahul’s right shoe), F7 (bullet recovered from Rahul’s right foot), G2 (Manoj’s nails), G4 (Manoj’s shoes), H1 (Neha’s nails) and H3 (Neha’s sandals). However, the blood stains were too disintegrated or the quantity of blood on the articles, was not sufficient to run classification tests.

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