(64)
S.C.No.463/2009 (Judgment)
Case No.DNA 288/09 – Exh2) exactly matched with
male haplotypes in control blood sample of accused
Javedkhan. (FSL ML Case No.DNA 317/09 – Exh2).”
106/
So, the aforesaid DNA test report apparently discloses that aspirated
vaginal fluid of deceased Mansi was containing male haplotypes of accused
Jawedkhan. Hence unless and until accused Jawedkhan had committed rape on
Mansi, there was no reason to find his male haplotypes in the aspirated vaginal fluid
of deceased Mansi. Hence this is also an incriminating circumstance against accused
Jawed which categorically proves his presence in the house of deceased Mansi on
the date of incident. It cannot be ignored that no satisfactory explanation is offered
by accused Jawed Khan in respect of said DNA test report. If the ratio in the case of
“Nazar Mohammad v State of Maharashtra reported in 2002(2) B.Cr.C 881” is
applied here, then certainly it is an incriminating circumstance against Javed.
107/
Prosecution has also produced DNA test report at Exh119. It appears
that controlled blood sample of accused Jawed Khan was analyzed vide FSL ML
Case No.DNA 117/09 (Exh2). It also appears that from the spot, Police had seized
one bedsheet on which the semen stains were noticed. The C.A.Report at Exh119
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