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.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents