No DNA test conducted by prosecution

2021 CRI. L. J. (NOC) 15 (M.P.)

AIROnline 2020 MP 1050

Santosh v. State of Madhya Pradesh. 

Cri.A.No. 1830 of 1999, 

D/10-1-2020.

Penal Code (45 of 1860), S. 376 (1) Evidence Act (1 of 1872), S. 3 - Rape Testimony of prosecutrix Reliability Accused allegedly forcibly committed rape upon prosecutrix-Animosity between hus- band of prosecutrix and accused Considering whole statement of prosecutrix it is reflecting that she lodged FIR after tutoring by her husband in consultation with profes- sional Advocate- -Alleged incident occurred at bank of river where there is possibility of presence of other persons However no evidence available regarding presence of oth- ers Testimony of prosecutrix that there was eye-witness who scolded accused but said witness not supporting testimony of prosecutrix No DNA test conducted by prosecution that spermatozoa found in vagi- nal smear of prosecutrix was of accused Testimony of prosecutrix, not found to be reliable-Conviction, set aside. (Paras 13, 14, 15)