Karandeep Sharma @ Razia @ Raju vs State Of Uttarakhand 2025 INSC 444 - POCSO-Rape Cases - DNA Profiling - Non Examination Of Scientific Expert
Criminal Trial - POCSO/Rape Cases - Non-examination of the scientific expert who carried out the DNA profiling is fatal, and the DNA report cannot be admitted in evidence -DNA profiling reports cannot be admitted in evidence ipso facto by virtue of Section 293 CrPC and it is necessary for the prosecution to prove that the techniques of DNA profiling were reliably applied by the expert- In order to make the DNA report acceptable, reliable and admissible, the prosecution would first be required to prove the sanctity and chain of custody of the samples/articles right from the time of their preparation/collection till the time they reached the FSL. For this purpose, the link evidence would have to be established by examining the concerned witness. (Para 54)
Indian Evidence Act 1872- Section 24-26 - Permitting a police officer to verbatim narrate the confession made by an accused during investigation is grossly illegal and contrary to the mandate of Sections 24, 25 and 26 of the Indian Evidence Act. [Context: In this case, police officer was allowed to narrate the entire confession of the accused, in his examination-in-chief.]
