AI Overview...
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DNA Report Finalization - The DNA test report was finalized on 29.11.2011. Despite the delay of approximately 18 days in sending the report, courts have recognized that procedural lapses in sample collection and handling can undermine the report's validity, but the scientific accuracy of DNA testing remains acknowledged. The delay alone does not necessarily invalidate the evidence STATE OF KARNATAKA VS RAKESH S/O JAYANTILAL CHOPRA - Karnataka, VIJAN MANDAL vs STATE OF CHHATTISGARH - Chhattisgarh.
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Impact of Delay on Judicial Proceedings - Courts have held that delays in lodging FIRs or sending reports do not automatically weaken the prosecution's case, provided the delay is satisfactorily explained. The credibility of DNA evidence can be upheld if procedural requirements are met, but courts emphasize the need for proper proof and corroboration Chhotelal Kandhari Pajapati VS State of Maharashtra - Bombay, Dharmendra Kumar Tandon VS State - Delhi.
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Court’s Approach to DNA Evidence - Courts have upheld convictions based on DNA evidence, emphasizing that DNA results are scientifically reliable but should be corroborated with other evidence. The admissibility and weight assigned to DNA reports depend on adherence to procedural standards and legal proof requirements Rupesh Tukaram Kondhalkar vs State of Maharashtra - Bombay, Mukesh Kumar vs State of H.P. - Himachal Pradesh, Santosh Markam VS State of Madhya Pradesh - Madhya Pradesh.
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Procedural Considerations - The validity of DNA evidence hinges on proper sample collection, handling, and proof in court. Delays or procedural lapses can be challenged, but the DNA test itself is recognized as scientifically accurate. Courts require that DNA evidence be proved in accordance with law before being relied upon for conviction VIJAN MANDAL vs STATE OF CHHATTISGARH - Chhattisgarh, Rupesh Tukaram Kondhalkar vs State of Maharashtra - Bombay.
Analysis and Conclusion:
While there has been an 18-day delay in sending the DNA test report, courts generally consider such delays acceptable if procedural standards are met and the evidence is properly proved in court. The DNA report remains a scientifically valid piece of evidence, but its weight depends on adherence to legal procedures. The delay alone does not automatically invalidate the report or the judgment, provided there is no evidence of procedural misconduct.
Search Results for "The Dna Test Report was Sent but there has been a Delay of 18 Delay Days Relevant Judgment"
2021 0 Supreme(Kar) 233 • India - Karnataka
R.DEVDAS, J.M.KHAZI
– Order of Acquittal – Criminal Appeal is filed by State under Section 378 (1) and (3) of Code of Criminal Procedure assailing judgment ... It is relevant to note that, under Section 174 of the Code of Criminal Procedure, the Taluka Executive Magistrate is required to conduct inquest proceedings in the presence of two or more witnesses and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises and other ... The DNA report was finalized on 29.11.2011 and based on the ....
2025 Supreme(Online)(CHH) 1988 • India - High Court of Chhattisgarh
Sanjay K. Agrawal, Sanjay Kumar Jaiswal, JJ
report. ... report was unjustified. ... The DNA report's validity was undermined due to procedural lapses in sample collection and handling. ... The judgment has to be understood in the factual scenario of the said case. The said judgment has not held that DNA test is to be ignored. In fact, this Court has taken note of the fact that DNA test is scientifically accurate. ... As per the test report ....
2025 0 Supreme(Bom) 845 • India - IN THE HIGH COURT OF JUDICATURE AT BOMBAY
HON'BLE SHRI JUSTICE MILIND N. JADHAV
The court considered the DNA report linking the applicant to the victim but noted the need for the report to be proved in court. ... In an earlier judgment, R Vs. ... She would submit that if the same is accepted by Court at inception stage without the DNA Report being proved in accordance with law it would amount to pre-trial judgment and punishment meted out to Applicant. ... The relevant paragraphs are reproduced thus:- "9. ... The relev....
2017 0 Supreme(Bom) 1639 • India - Bombay
R.K.DESHPANDE, M.G.GIRATKAR
reports. ... Finding of the Court: The court found the appellant guilty based on the victim's testimony, supported by medical evidence and DNA ... The court also highlighted that delay in lodging a first information report does not necessarily render the prosecution version brittle ... DNA report was submitted by Ms Neha Bhale (PW-9). DNA reports are at Exh. Nos.84 and 85. ... In a case if the prosecution fails to satisfactory explain the delay and ....
2024 0 Supreme(Bom) 781 • India - Bombay
G. A. SANAP
The incident was reported 37 days later after the victim received medical treatment for injuries sustained during the assault. ... in reporting, and upheld the conviction based on medical evidence, including DNA analysis, which confirmed the victim's pregnancy ... Issues: The main issues included the credibility of the victim's testimony, the significance of the delay ... The Apex Court has observed by and large factors which are relevant to the western setting may not be relevant to India and Indian c....
• India - High Court of Himachal Pradesh
Tarlok Singh Chauhan, Mr. Justice Virender Singh, JJ
(Paras 2, 18, 66) ... ... (B) Judicial standard - Burden of proof rests with ... 2012 - Section 4 - Appeal against conviction for rape - The trial court convicted the appellant based on the child's statement and DNA ... ... ... Ratio Decidendi: The court emphasized that convictions cannot rely solely on DNA evidence absent corroborative testimony ... The judgment has to be understood in the factual scenario of the said case. The said judgment has not held that DNA test#HL....
2022 0 Supreme(MP) 1294 • India - Madhya Pradesh
SUJOY PAUL, PRAKASH CHANDRA GUPTA
DNA Report - Criminal Law - Indian Penal Code, Section 376(AB), Section 366, Section 324 - The court relied on the DNA report ... The court ultimately upheld the finding of the lower court based on the DNA report. ... The court ultimately upheld the finding of the lower court based on the DNA report. ... A minute reading of the impugned judgment shows that the appellant is basically held guilty on the basis of the DNA#HL_E....
2023 0 Supreme(Chh) 94 • India - Chhattisgarh
SANJAY K. AGRAWAL, RADHAKISHAN AGRAWAL
report – Court considered opinion conviction of appellant deserves to be set aside conviction of the appellant herein passed by ... the leaned trial Court by impugned judgment of conviction and order of sentence for offence punishable sentence imposed upon him ... examine the accused – Appeals from convictions – Criminal appeal preferred by appellant-accused herein directed against impugned judgment ... The judgment has to be understood in the factual scenario of the said case. The said judgment has not....
2019 0 Supreme(Del) 2166 • India - Delhi
MANMOHAN, SANGITA DHINGRA SEHGAL
IN FILING FIR - DELAY IN SENDING SPECIAL REPORT - ANTE-TIMING OF FIR - CHAIN OF CUSTODY - SEALING OF EVIDENCE - TEST IDENTIFICATION ... Whether the delay in filing the FIR and sending the special report weakened the prosecution case. 3. ... The High Court further found that the delay in filing the FIR and sending the special report did not weaken the prosecution case ... The relevant paragraphs of the said judgment are reproduced he....
2013 0 Supreme(All) 1810 • India - Allahabad
SUDHIR AGARWAL
agency/CBI entitled to know reasons for rejecting final report/closure report. ... examination report—Seeking second expert opinion justified—On final records of review petition before Apex Court—Production not ... ... © Criminal Trial—Cognizance—Power of Court—Police report—When a ... When such report is filed the police officer shall forward to the Magistrate along with report all the documents and relevant extracts thereof on which the prosecution proposes to rely....
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