17
32.
It was next urged that there were serious gaps in the TIP of the jewellery
held on 09.07.2011 by PW-12 Tehsildar. In this regard, it was pointed that PW-3
Deepak Ranade deposed those two bangles were removed from Rohini’s hand
and one kudi (earring) was removed from her body and handed over to him.
During jewellery identification proceedings, PW-1 identified Megha’s four (4)
bangles and Rohini’s two (2) bangles. It is unclear if bangles identified by PW-1
included those handed over to PW-3. Further, if the bangles of deceased Rohini
given to PW-3 were not the same as those identified by PW-1, the two
recovered bangles from the accused were not matched with those given to PW3. It was also unclear if the jewellery was mixed with other items having similar
designs, as required by law. Similar pieces of broken mangalsutra should have
been kept during the identification proceedings as well. Further, the
identification memo (Ex. P1) did not indicate how many similar pieces of
jewellery were mixed along with the jewellery identified. There is discrepancy
in the evidence of PW-1 and PW-3 as to what was said to have been stolen when
questioned on 21.06.2011. According to PW-3, on 21.06.2011 when he went
along with PW-1 to the house of the deceased, PW-1 only informed about the
missing camera.
33.
Challenging reliance on the DNA analysis report, counsel submitted that
there was inordinate delay in sending items to the forensic science laboratory
(FSL). The items seized on 23.06.2011 were sent for examination to the FSL on
13.07.2011 (after 20 days) as seen by Ex. P115. This delay was not explained by
the prosecution. Therefore, it was urged that records of the police malkhana and
conditions of safekeeping of items were important in this case. Also, statistical
analysis was not conducted which is an integral part of the scientific process.
The lack of cross examination of the DNA expert PW-35 Dr. Pankaj Shrivastava
on this was argued to be immaterial since this goes to admissibility of the DNA
report as scientific evidence and this court should consider this serious gap in
the scientific process. Counsel submitted that blood reference samples of the
選擇目標文字3
連接到段落
連接到實體
取消高亮顯示
新增到目錄