Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Consent is generally not required for taking blood samples for DNA profiling in criminal investigations, provided proper procedures are followed ["Ajitkumar Kumarsinh Bhagora VS State of Gujarat - Gujarat"].
Analysis and Conclusion:
References:- ["Chandan Panalal Jaiswal VS STATE OF GUJARAT - Gujarat"]- ["Nand Kishor, S/o Sh.Babu Lal vs State - Delhi"]- ["Altaf Ahmad Ansari VS State of Madhya Pradesh - Madhya Pradesh"]- ["Kishan Lal @ Champa Yadav, Son of Shri Mahruram VS State of Chhattisgarh, through Police Station Ghumka, District Rajnandgaon (Chhattisgarh) - Chhattisgarh"]- ["Vinay Kumar VS State - Delhi"]- ["THE STATE GOVT OF NCT OF DELHI vs KHURSHEED - Delhi"]- ["THE STATE GOVT OF NCT OF DELHI vs KHURSHEED - Delhi"]- ["THE STATE GOVT OF NCT OF DELHI vs KHURSHEED - Delhi"]- ["Sanjeev Kumar VS State of H. P. - Himachal Pradesh"]- ["Rohit Shekhar vs Narayan Dutt Tiwari - Delhi"]- ["THAKORE BHALAJI @ SOMAJI GANDAJI vs STATE OF GUJARAT - Gujarat"]- ["Ajitkumar Kumarsinh Bhagora VS State of Gujarat - Gujarat"]
In criminal investigations, especially those involving assault, murder, or sexual offenses, blood stains on clothing often serve as critical forensic evidence. Courts frequently rely on Forensic Science Laboratory (FSL) reports to corroborate eyewitness accounts, medical evidence, or circumstantial narratives. But what happens when results are inconclusive, seals are questioned, or samples degrade? A common query arises: sample question for FSL expert testing blood sample in clothes. This post delves into typical FSL expert examinations, sample questions for cross-examination, and insights from key judgments to help understand how such evidence holds up in court.
Note: This is general information based on legal precedents and not specific legal advice. Consult a qualified lawyer for case-specific guidance.
FSL experts typically examine clothing items like mufflers, pyjamas, frocks, shirts, and undergarments for the presence of human blood, blood grouping, and suitability for further tests such as DNA profiling. Reports detail the condition of samples upon receipt, including any disintegration or degradation, which can affect reliability. For instance, in one case, results showed: Blood Stained Cotton: Human Inconclusive; Muffler: Human O; Pyjama: Human Inconclusive; Underwear: Human Inconclusive. Material disintegrated. Raghunath VS State Of Haryana - 2003 1 Supreme 49
In another judgment, human blood was detected on multiple exhibits: Human Blood was detected on Exhibit No.2 (Blood smeared soil), 4 (Frock), 5 (Paijama), 6 (Underwear), 7 (Baniyan), 8 (A stone piece), 9 (Pant) and 10 (Shirt). State Of Rajasthan through Public Prosecutor VS Ved Prakash S/o Shiv Charan - 2017 0 Supreme(Raj) 1265
These findings highlight routine procedures but also common challenges like inconclusive outcomes due to environmental factors such as moisture or heat. Dharam Deo Yadav VS State of Uttar Pradesh - 2014 3 Supreme 184
To assess the probative value of FSL reports, lawyers pose targeted questions during testimony. These focus on methodology, findings, and limitations:
Such questions ensure the evidence's integrity and address potential defense arguments on tampering.
Seal verification is paramount. Experts confirm: The packet(s) five in number marked A, F, G, C, D, were properly sealed and were bearing seal impression, which tallied with the specimen seal impression forwarded. State Of Rajasthan through Public Prosecutor VS Ved Prakash S/o Shiv Charan - 2017 0 Supreme(Raj) 1265
Delays in submission can raise contamination concerns. Guidelines emphasize: samples must be submitted...without any delay. Dashwanth VS State of Tamil Nadu - 2025 0 Supreme(SC) 1786 In one instance, exhibits and sample seals were sent to FSL Rohini on 17.05.2018 through road certificate No.59/21/18, highlighting proper dispatch procedures. THE STATE GOVT OF NCT OF DELHI Vs KHURSHEED - 2018 Supreme(Online)(DEL) 3584State Govt. of NCT of Delhi VS Khursheed - 2018 Supreme(Del) 2962
Sample questions on seals:- How did you verify the seals on the packets containing blood-stained clothing like the frock and shirt? Was there any evidence of tampering or disintegration?- In light of guidelines requiring blood stains to be submitted without delay, was the condition of the clothing samples suitable despite noted delays? Dashwanth VS State of Tamil Nadu - 2025 0 Supreme(SC) 1786
Even with delays, if no prejudice is shown to the accused, reports may still be upheld. NAGARATNAM S/O MARUTHA NAIKAM VS STATE OF KERALA - 2024 0 Supreme(Ker) 892
FSL reports often specify blood groups (e.g., Group O) or note inconclusives due to degradation. Negative findings can undermine prosecutions: The presence of blood-stains is not confirmed by forensic science laboratory or by the doctors who examined the prosecutrix. Dilip VS State Of M. P. - 2001 7 Supreme 468
In sexual assault cases, absence of semen or blood on clothing like petticoats questions claims: Semen not detected on petticoat (saya), with other samples unsuitable. DOLA @ DOLAGOBINDA PRADHAN VS STATE OF ODISHA - 2018 0 Supreme(SC) 851
Impact questions:- Why were certain blood-stained exhibits inconclusive, and does 'material disintegrated' indicate degradation affecting reliability? Raghunath VS State Of Haryana - 2003 1 Supreme 49- If no blood was confirmed on the victim's clothing despite allegations, how does this impact the prosecution's version? Dilip VS State Of M. P. - 2001 7 Supreme 468
Related testing includes DNA matches. Bloodstains on the accused's clothes matching the deceased's Group-B blood group strengthened cases despite delays. NAGARATNAM S/O MARUTHA NAIKAM VS STATE OF KERALA - 2024 0 Supreme(Ker) 892 In a kidnapping-rape-murder involving a challenged girl child, DNA from bloodstains on the appellant's clothes matched the victim's, forming a complete circumstantial chain. Manoj Pratap Singh VS State Of Rajasthan - 2022 6 Supreme 216
FSL reports must corroborate other evidence. In murder cases, blood on knives or clothes may not yield groups: Although blood was found on sample H - knife, but the blood group could not be decided... on clothes i.e. sample I and sample J, no blood was found. Shankarbhai Bachubhai Baria VS State of Gujarat - 2019 Supreme(Guj) 993 This led to acquittals when eyewitnesses were unreliable.
Conversely, matching blood groups on deceased's clothes and accused's items, alongside ballistics, confirmed guilt. Mahaveer Prasad S/o Shri Baldev Prasad VS State of Rajasthan, through P. P. - 2017 Supreme(Raj) 1296Subhash VS State - 2020 Supreme(Del) 1297 In a Section 302 IPC conviction, CFSL reports on blood and semen from clothes and swabs were pivotal. Subhash VS State - 2020 Supreme(Del) 1297
For DNA-linked cases, blood samples of prosecutrix and accused were sent promptly, though sometimes only accused's sample was used in fresh tests. THE STATE GOVT OF NCT OF DELHI vs KHURSHEEDTHE STATE GOVT OF NCT OF DELHI vs KHURSHEED - Delhi_Delhi_CRLA-510_2018 2018_DHC_4918-DB
Recommendations for lawyers:- Verify chain of custody and seals first.- Cross-examine on degradation and submission timelines.- Request re-testing if viable.- Courts assess under Evidence Act S.45, comparing with overall evidence.
In recoveries, blood-stained clothes of accused sent to FSL alongside weapons bolster cases. Ashwani Kumar VS State - 2017 Supreme(Del) 1693
FSL expert testimony on blood-stained clothing can make or break cases. Probing seals, conditions, and limitations ensures robust evidence. While inconclusives pose challenges, matching groups or DNA profiles provide strong corroboration, as seen in precedents like blood matches in brutal crimes. Manoj Pratap Singh VS State Of Rajasthan - 2022 6 Supreme 216
Stay informed on forensic standards to navigate these complexities effectively. For tailored advice, reach out to legal professionals.
References:- Raghunath VS State Of Haryana - 2003 1 Supreme 49, State Of Rajasthan through Public Prosecutor VS Ved Prakash S/o Shiv Charan - 2017 0 Supreme(Raj) 1265, DOLA @ DOLAGOBINDA PRADHAN VS STATE OF ODISHA - 2018 0 Supreme(SC) 851, Dilip VS State Of M. P. - 2001 7 Supreme 468, Dashwanth VS State of Tamil Nadu - 2025 0 Supreme(SC) 1786, Raj Kumar @ Guddu VS State of Delhi - 2012 0 Supreme(Del) 2165, NAGARATNAM S/O MARUTHA NAIKAM VS STATE OF KERALA - 2024 0 Supreme(Ker) 892, THE STATE GOVT OF NCT OF DELHI Vs KHURSHEED - 2018 Supreme(Online)(DEL) 3584, Manoj Pratap Singh VS State Of Rajasthan - 2022 6 Supreme 216, Shankarbhai Bachubhai Baria VS State of Gujarat - 2019 Supreme(Guj) 993, Subhash VS State - 2020 Supreme(Del) 1297, Mahaveer Prasad S/o Shri Baldev Prasad VS State of Rajasthan, through P. P. - 2017 Supreme(Raj) 1296, Ashwani Kumar VS State - 2017 Supreme(Del) 1693
#FSLExpert, #ForensicEvidence, #BloodSampleAnalysis
If the accused. persons have any question or doubt as to the method adopted by the FSL experts, then while examining such expert during the trial the accused positively can bring their own expert who can assist the counsel. ... blood from his body and he is required to ensure the authenticity of the blood sample collected for DNA analysis. ... federal framework to introduce DNA testing and make the testing compulsory in analysis of ....
Formal Status Report has been filed on behalf of the State wherein it was submitted that the clothes of the deceased and the accused had been sent to FSL, but the Expert opined that the Blood result was inconclusive. ... Considering that it is an old case of 2013, it is hereby directed that the clothes of the deceased and the accused/blood sample of the accused, be sent to FSL within 15 days of this Order and the FSL shall make an e....
On a specific question in cross-examination, Investigation Officer explained the same and made it clear that the blood samples needs to be sent to FSL for examination promptly otherwise the sample gets spoiled/contaminated. ... Mukesh Agrawal (PW-20) sealed the nails and clothes of the deceased which were sent to Forensic Science Laboratory (FSL) through Ex.P/38. During the course of investigation, the blood sample of appellant was taken through Ex.P....
Thus, there is a need to hear an expert opinion where there is a medical issue to be settled. The scientific question involved is assumed to be not within the court's knowledge. ... Similarly, victim (PW-02) has also denied that any such blood sample was taken from her and her baby girl child. ... As per Ex.P/21, blood samples were forwarded in sealed condition to FSL, Raipur by Superintendent of Police, Rajnandgaon through Constable No.519- Surendra Ramteke, but FSL....
He further stated that on 17.05.2018, the above exhibits and sample seal were taken out by him for depositing in the FSL. The above mentioned blood sample and sample seal was sent to the FSL Rohini on 17.05.2018 through road certificate No.59/21/18. ... He argues that the second FSL report dated 24.05.2018, must be preferred over the first FSL report, as the former is founded upon a blood sample which does not app....
He further stated that on 17.05.2018, the above exhibits and sample seal were taken out by him for depositing in the FSL. The above mentioned blood sample and sample seal was sent to the FSL Rohini on 17.05.2018 through road certificate No.59/21/18. ... He argues that the second FSL report dated 24.05.2018, must be preferred over the first FSL report, as the former is founded upon a blood sample which does not appe....
If the accused persons have any question or doubt as to the method adopted by the FSL experts, then while examining such expert during the trial the accused positively can bring their own expert who can assist the counsel. ... blood from his body and he is required to ensure the authenticity of the blood sample collected for DNA analysis. ... of the chain of the custody of sample used in DNA identity testing present no unusual probl....
The above mentioned blood sample and sample seal was sent to the FSL Rohini on 17.05.2018 through road certificate No.59/21/18. ... We may observe that though the blood sample of the prosecutrix was taken, it was the blood sample of the accused alone which was used in the conduct of the fresh DNA test by the FSL. 89. ... During her cross examination on behalf of the accused, she stated that first semen or the #HL_STAR....
The above mentioned blood sample and sample seal was sent to the FSL Rohini on 17.05.2018 through road certificate No.59/21/18. ... We may observe that though the blood sample of the prosecutrix was taken, it was the blood sample of the accused alone which was used in the conduct of the fresh DNA test by the FSL. 89. ... During her cross examination on behalf of the accused, she stated that first semen or the #HL_STAR....
Prem Raj Bhardwaj, but question needs to be examined in the case at hand is “whether blood sample drawn by PW-1 for the purpose of DNA profiling was ever sent to SFSL Junga or the report submitted by SFSL, Junga with regard to DNA profiling is based upon the blood sample drawn by PW-1 of the accused ... It is ample clear from the statement of aforesaid material witness that application for drawing blood sample of accused on FTA card for conducting DNA profiling was fi....
During investigation I wrote a letter to Medical Officer R.K. Hospital about DNA test and sexual capability test of accused Manoj Pratap Singh which is Exhibit P–42 on which G to H is my signature. Manoj Pratap Singh…walked to another side of way approximately 2.5 metres, showed by hand, and said that at this place I raped the deceased girl, That place was looking hard on which scratch marks and bloodstains were there. In presence of witnesses, blood sample and control sample were taken separately for test by FSL…
The accused got the country made revolver recovered from his house and confessed to his crime. During the investigation the blood sample and the semen sample of the accused were collected and sent for FSL examination for their comparison with blood and semen on the clothes of the deceased as well as vaginal swab. The country made pistol was also sent for ballistic expert examination and the accused was produced in the Court. The accused refused to participate in the TIP proceedings.
Although blood was found on sample H - knife, but the blood group could not be decided. Even scientific evidence i.e. FSL report does not lead us to anywhere. Similarly, on clothes i.e. sample I and sample J, no blood was found. However, we may notice that discovery panchanama Exh.
It is argued that in view of Section 4 of the Identification of Prisoners Act and the ratio in Shankaria Vs. State of Rajathan, (1978) 3 SCC 435 and Full Bench Judgment of Delhi High Court in Bhupinder Singh Vs. State (Criminal Appeal No. 1005/2008) decided on 30.09.2011, the specimen of the finger print of the accused is not vitiated if they were taken by the police. Although the blood group of the deceased could not be ascertained from the sample of blood sent to FSL yet the sample of blood found on the clothes worn by the deceased tallied with the blood group found on all the af....
Motor cycle bearing No. DL3S BZ 8866 was seized by SI Babu Ram. Blood stained clothes of Keshav and blood sample of accused persons were sent to FSL for analysis. Weapon of offence i.e. buttondar knife was recovered at the instance of Ashwani Kumar.
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