174
SUPREME COURT REPORTS
[2023] 8 S.C.R.
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54. Perusal of these documents reveals that samples of the blood
and semen of the appellant were sent for forensic analysis. Importantly
though, there is nothing on record to establish as to who took such
samples, on what date, on how many occasions and why were they not
sent all at once, we notice that none of the police officials have testified
to the formalities of keeping the samples safe and secure being complied
with.
55. The first alleged blood sample of the appellant collected on
14.6.2010 was sent for analysis vide communication dated 16.6.2010
(Ext.60). The second alleged blood sample of the appellant taken on
20.7.2010 was sent the very same day vide communication (Ext.72).
56. There is only one document (Ext.79) on record, indicating the
appellant to have been medically examined. But even this document
does not reveal sample of the body part being drawn. In any event, the
doctor who conducted such examination, has not stepped into the witness
box to testify the correctness of the contents thereof. Also the document
itself is uninspiring confidence as we notice certain interpolations therein
and in a different hand. Additionally, the document does not fall true to
the statutory requirements imposed under Section 53A Cr.P.C.
57. This Court in Krishan Kumar Malik v. State of Haryana 4
(two-Judge), observed the necessity of compliance with Section 53A,
4
H
(2011) 7 SCC 130
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