Medical examination of rape victim

DNA Test in Rape cases

Police directed to invariably resort to DNA test which is most important investigative tool to prove the offence or innocence

It has been seen that in number of cases relating to rape, the most powerful investigative tool which is available to the police is the DNA test which is seldom being resorted to.

The DNA report can either confirm or exclude the involvement of the accused. The police is directed that in every case under Section 376 of I.P.C.:-

(a) under which the doctor preparing the MLC of the prosecutrix prepares vaginal slides and clothing of the prosecutrix, which upon test by the FSL confirms the presence of human sperm then such slides must then be sent for DNA verification with the blood sample of the suspect.
(b) where the prosecutrix is rendered pregnant on account of the rape and if birth takes place, then a DNA verification be sought to ascertain paternity of the child which will again either confirm or exclude the suspect. If the foetus is aborted, then the tissue sample of the foetus be tested along with the sample of the suspect to see if they match, and
(c) in the event of the death of the prosecutrix during pregnancy, then also procedure enunciated in (b) to be followed.

[Source: Raja Burman @ Rahu vs The State Of Madhya Pradesh, MP High Court on 4 May, 2016]
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