74
138. The US Supreme Court, in District Attorney's Office for the Third
Judicial District v. Osborne,44 dealt with a post-conviction claim to access
evidence, at the behest of the convict, who wished to prove his innocence,
through new DNA techniques. It was observed, in the context of the facts, that
“Modern DNA testing can provide powerful new evidence unlike anything known
before. Since its first use in criminal investigations in the mid-1980s, there have
been several major advances in DNA technology, culminating in STR technology.
It is now often possible to determine whether a biological tissue matches a
suspect with near certainty. While of course many criminal trials proceed without
any forensic and scientific testing at all, there is no technology comparable to
DNA testing for matching tissues when such evidence is at issue. DNA testing has
exonerated wrongly convicted people, and has confirmed the convictions of many
others.”
139. Several decisions of this court - Pantangi Balarama Venkata Ganesh v.
State of Andhra Pradesh45, Santosh Kumar Singh v. State Through CBI 46,
Inspector of Police, Tamil Nadu v. John David 47, Krishan Kumar Malik v. State
of Haryana48, Surendra Koli v. State of Uttar Pradesh & Ors 49, and Sandeep v.
State of Uttar Pradesh50, Rajkumar v. State of Madhya Pradesh51 and Mukesh &
Ors. v. State for NCT of Delhi & Ors. 52 have dealt with the increasing
importance of DNA evidence. This court has also emphasized the need for
assuring quality control, about the samples, as well as the technique for testingin Anil v. State of Maharashtra53
“7. Deoxyribonucleic acid, or DNA, is a molecule that encodes the genetic
information in all living organisms. DNA genotype can be obtained from any
biological material such as bone, blood, semen, saliva, hair, skin, etc. Now, for
several years, DNA profile has also shown a tremendous impact on forensic
investigation. Generally, when DNA profile of a sample found at the scene of
crime matches with DNA profile of the suspect, it can generally be concluded that
both samples have the same biological origin. DNA profile is valid and reliable,
44 557 U.S. 52 (2009)
45 (2009) 14 SCC 607
46 (2010) 9 SCC 747
47 (2011) 5 SCC 509
48 (2011) 7 SCC 130
49 (2011) 4 SCC 80
50 (2012) 6 SCC 107
51 (2014) 5 SCC 353
52 (2017) 6 SCC 1
53 (2014) 4 SCC 69
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