DNA evidence must be corroborated by other evidence; conviction cannot rely solely on DNA reports without proper documentation and preservation.

JUDGMENT :

(G.R. SWAMINATHAN, J.)

This criminal appeal is directed against the judgment dated 08.11.2024 rendered in SPL.S.C.No.215 of 2023 on the file of the Special Court for POCSO Act Cases, Dindigul. By the impugned judgment, the appellant had been sentenced to life imprisonment for the offence under Section 6 of the POCSO Act , 2012 together with fine of Rs.1 Lakh. He was also sentenced to three years Rigorous Imprisonment for the offence under Section 366 IPC and levied with fine of Rs.5,000/-.

2. The case of the prosecution is that the appellant kidnapped the victim who was a minor girl and subjected her to repeated penetrative sexual assaults and as a result, the victim became pregnant and delivered a girl child on 13.04.2022. The child died on the next day. Complaint was taken from the mother of the victim on 14.04.2022. Based on the same, Crime No.132 of 2022 was registered on the file of Natham police station at around 20.30 hours for the offences under Section 450 IPC and Section 5(i), 5(j)(ii) r/w. Section 6 of POCSO Act , 2012. P.W.21 was the Inspector of Police, Natham police station and she conducted investigation. She collected the blood samples of the child as well as the accused and sent the same for forensic analysis. Following her transfer, P.W.22 continued the investigation and filed final report before the Fast Track Mahila Court, Dindigul. Cognizance was taken in Spl.S.C.No.5 of 2023. Following the establishment of the Special Court for POCSO Act Cases, Dindigul, the case was transferred and renumbered as Spl.S.C.No.215 of 2023. Charges were framed against the accused. He pleaded not guilty. The prosecution examined P.W.1 to P.W.22 and marked Ex.P.1 to Ex.P.24. On the side of the accused, no evidence was adduced. After considering the evidence on record, the trial Court found the accused guilty of the charges and sentenced him as mentioned above.

3. The question that calls for consideration is whether the impugned judgment warrants interference.

4. P.W.1 victim turned hostile. Her testimony completely exonerates the accused. She deposed that the accused never made any sexual assault. She denied that the accused ever had physical relationship with her. While admitting her signature found in the statement recorded under Section 164 Cr.P.C., she testified that it was done as instructed by the police. P.W.2 defacto complainant / the mother of the victim also turned hostile. The other material witnesses also turned hostile. Yet the Court below chose to find the accused guilty on the strength of Ex.P.24 DNA report.

5. Our attention is drawn to the judgment of the Madras High Court rendered in Crl.A.No.538 of 2023 dated 20.12.2023 ( Chandra Mohan V. State ). Paragraph Nos.8, 9 and 10 of the said judgment are as follows:-

“ 8. Now the question is that in the absence of any other evidence, can it be held that the appellant committed the offences alleged against the victim on the basis of the opinion evidence of the expert. The question as to the accuracy of the results by comparison of the DNA profile had come up for consideration in several cases before the Hon’ble Supreme Court. In a recent Judgment in Manoj Vs. State of Madhya Pradesh , reported in (2023) 2 SCC 353. The Hon’ble Supreme Court held as follows:

151. ... Collection and Preservation of Evidence If DNA evidence is not properly documented, collected, packaged, and preserved, it will not meet the legal and scientific requirements for admissibility in a court of law. Because extremely small samples of DNA can be used as evidence, greater attention to contamination issues is necessary while locating, collecting, and preserving. DNA evidence can be contaminated when DNA from another source gets mixed with DNA relevant to the case. This can happen when someone sneezes or coughs over the evidence or touches his/her mouth, nose, or other part of the face and then touches area that may contain the DNA to be tested. The exhibits having biological specimen, which can