However, the High Court said that to prove the offence of rape allegedly committed by the petitioner, the matching of the DNA samples and conducting of DNA profiling test is very essential, and thus, the court below was absolutely justified in allowing the application.
“The recent advancement in modern biological research has regularized forensic science resulting in radical help in the administration of justice. DNA technology, as a part of forensic science and scientific discipline, not only provides guidance to the investigation but also supplies the court accrued information about the tending features of the identification of criminals. After the amendment of Cr. P.C, by the insertion of S.53A by Act 25 of 2005, DNA profiling has now become a part of the statutory scheme. S.53A relates to the examination of a person accused of rape by a medical practitioner. DNA profiling test is now specifically included by way of explanation to S.53 of Cr.P.C. Similarly, u/s 164A of Cr.P.C inserted by Act 25 of 2005, for medical examination of the victim of rape, the description of material taken from the person of the woman for DNA profiling is must. Thus, S.53A and S.164A inserted in the Cr. P.C by way of the Amendment Act of 2005, makes the DNA profiling of the accused and the victim permissible in cases of rape,” the order said.
Therefore, the Court said that it does not find illegality or infirmity in the order passed by the court below and dismissed the petition.
Source: Barandbench
