Evidence – DNA profiling report – Non-examination of scientific witnesses – Right of the accused to seek examination of scientific experts/expert witnesses – Criminal Law (Amendment) Ordinance, 2018 – s.376(DB) – Penal Code, 1860 – ss.363, 366A, 376(2)(m), 307 – Protection of Children from Sexual Offences Act, 2012 – ss.5(g), 5(j)(iii)(m), 5(r) r/w s.6 – Appellants were awarded capital punishment by the Trial Court – Death penalty confirmed by High Court – Nonexamination of the scientific experts involved in the process of conducting DNA profiling examination and issuing the report, though the trial court relied upon the DNA report, if led to the failure of justice:
Held: Yes – Appellants were awarded capital punishment and thus, they must be provided a fair opportunity to defend themselves – The DNA profiling report (Exhibit-157) is a document on which the entire fulcrum of the prosecution case is based – Admittedly, it was formally exhibited by the Superintendent of Police (PW-31) in his evidence – However, none of the scientific experts involved in the process of conducting the DNA profiling examination and issuing the report were examined by the prosecution – The trial was concluded in undue haste within less than two months from the date of registration of the case and without providing appropriate opportunity of defending to the accused – Failure of the trial Court to ensure the deposition of the scientific experts while relying upon the DNA report, has led to the failure of justice vitiating the trial – Orders of the courts below quashed and set aside – Case remanded to the Trial Court for summoning of the scientific experts associated with the preparation and issuance of the DNA report with the entire supporting material, directions issued – Code of Criminal Procedure, 1973 – ss.366, 391 – Constitution of India – Article 142. [Paras 22, 23, 29, 30]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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