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but variance in a particular result depends on the quality control and quality
procedure in the laboratory.”
140. This court, in one of its recent decisions - Pattu Rajan v. The State of
Tamil Nadu54, considered the value and weight to be attached to a DNA report:
“33. Like all other opinion evidence, the probative value accorded to DNA
evidence also varies from case to case, depending on facts and circumstances and
the weight accorded to other evidence on record, whether contrary or
corroborative. This is all the more important to remember, given that even though
the accuracy of DNA evidence may be increasing with the advancement of science
and technology with every passing day, thereby making it more and more reliable,
we have not yet reached a juncture where it may be said to be infallible. Thus, it
cannot be said that the absence of DNA evidence would lead to an adverse
inference against a party, especially in the presence of other cogent and reliable
evidence on record in favour of such party.”
141. This court, therefore, has relied on DNA reports, in the past, where the
guilt of an accused was sought to be established. Notably, the reliance, was to
corroborate. This court highlighted the need to ensure quality in the testing and
eliminate the possibility of contamination of evidence; it also held that being an
opinion, the probative value of such evidence has to vary from case to case.
142. In the present case, what is apparent, is that PW-35 has virtually echoed
the DNA analysis in his chief examination, and not chosen to elaborate on the
random occurrence ratio, i.e., the probability of the accused’s samples matching
with those allegedly found at the crime scene. This court has already discussed
whether the recoveries of 23.06.2011 pursuant to disclosures made that day can
be accepted and held that they are suspect and need to be discarded. This leaves
the report, to the extent it says that samples lifted from recoveries made at the
crime scene matched what was seized on 22.06.2011 (knives, and other
articles), to be inconclusive.
143. It is noteworthy that seizure Memo Ex-27, in terms of which Article A-9
(ID 3063) is said to have been seized, does not record that as a matter of fact, a
bed-sheet was seized. If one keeps in mind that source H2 (ID 3078) in relation
54 (2019) 4 SCC 771
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