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comparisons together with his calculations of the random occurrence ratio; (2)
whenever such evidence is to be adduced, the Crown (prosecution) should serve
upon the defence details as to how the calculations have been carried out, which
are sufficient for the defence to scrutinise the basis of the calculations; (3) the
Forensic Science Service should make available to a defence expert, if
requested, the databases upon which the calculations have been based.
136. The Law Commission of India in its report42, observed as follows:
“DNA evidence involves comparison between genetic material thought to come
from the person whose identity is in issue and a sample of genetic material from a
known person. If the samples do not 'match', then this will prove a lack of identity
between the known person and the person from whom the unknown sample
originated. If the samples match, that does not mean the identity is conclusively
proved. Rather, an expert will be able to derive from a database of DNA samples,
an approximate number reflecting how often a similar DNA "profile" or
"fingerprint" is found. It may be, for example, that the relevant profile is found in
1 person in every 100,000: This is described as the 'random occurrence ratio'
(Phipson 1999).
Thus, DNA may be more useful for purposes of investigation but not for raising
any presumption of identity in a court of law.”
137. In Dharam Deo Yadav v. State of UP43 this court discussed the reliability
of DNA evidence in a criminal trial, and held as follows:
“The DNA stands for deoxyribonucleic acid, which is the biological blueprint of
every life. DNA is made-up of a double standard structure consisting of a
deoxyribose sugar and phosphate backbone, cross-linked with two types of
nucleic acids referred to as adenine and guanine, purines and thymine and
cytosine pyrimidines…..DNA usually can be obtained from any biological
material such as blood, semen, saliva, hair, skin, bones, etc. The question as to
whether DNA tests are virtually infallible may be a moot question, but the fact
remains that such test has come to stay and is being used extensively in the
investigation of crimes and the Court often accepts the views of the experts,
especially when cases rest on circumstantial evidence. More than half a century,
samples of human DNA began to be used in the criminal justice system. Of
course, debate lingers over the safeguards that should be required in testing
samples and in presenting the evidence in Court. DNA profile, however, is
consistently held to be valid and reliable, but of course, it depends on the quality
control and quality assurance procedures in the laboratory.”
42 185th Report, on Review of the Indian Evidence Act, 2003
43 (2015) 5 SCC 509
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