Imagine yourself as a judge and a matter came for hearing where a woman claimed the child to be a legitimate child while her husband made an allegation that the child is not born out of the marriage.
What would you do in such a case? How can you prove the legitimacy of a child?
In the backlog, the court wasn’t able to understand whether the child is illegitimate or legitimate or who are the biological parents of the child. With the passage of time, the advancement in technology helps to analyze.
So, we will understand is evidence of DNA experts relevant in the court?
Section 45 of Indian Evidence Act
Section 45 of Indian Evidence Act states that if the court needs opinion in matters of foreign law, science, art or identification of handwriting or finger impressions then the opinion of experts on such points are relevant facts.
Patangi Balarama Venkata Ganesh v. State of Andhra Pradesh, AIR 2009 SC 3129
In this case, the court held that the DNA alone can’t be taken into consideration for conviction but it can be collaborated with other evidence.
Nirbhaya Gang Rape case
Mukesh v. NCT of Delhi, AIR 2017 SC 2161
Fact – The country had witnessed the most heinous gang rape case where the accused also physically assaulted the prosecutrix by inserting iron rod in the her private parts. Apart from this, they also assaulted the companion of the victim.
The clothes, iron rod, ashes of the clothes, dumping spot of the prosecutrix, and other articles including the bus established the authentic evidence. In addition, the analysis matched with the victim, accused and the companion of the victim.
Held – In this case, the hon’ble Supreme Court held that the DNA report can’t be held unreliable if it clearly links the incident with the accused accurately.
It was also held that if DNA sample is not tempered then the report will be accepted.
