Criminal Law-Rape-DNA Test of accused mandatory in nature “Richpal Kharra V. State [2015 STPL (Web) 1578 Rajasthan (RAJ)”.

1. Criminal Law-Rape-DNA Test of accused
mandatory in nature “Richpal Kharra V.
State [2015 STPL (Web) 1578 Rajasthan
(RAJ)”
Shivendra Pratap Singh
Senior Scientific Assistant
Forensic Science laboratory
Port Blair
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2. Criminal Law-Rape-DNA Test of accused
mandatory in nature “Richpal Kharra V. State
[2015 STPL (Web) 1578 Rajasthan (RAJ)”
• In this present case the complainant who alleged rape on
her self told the police that she was not interested in
pursuing the matter and that no offence of rape had taken
place with her-Police filed negative report-Held that
Section 53-A of CrPC is mandatory in nature. Accused was
directed to provide sample for DNA testing to be sent by
investigating office to the FSL and then FSL to bring the
report to the court and court may pursue the matter
further, if necessary.
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3. Section 53(A)- Examination of person accused of rape
by medical practitioner.
•When a person is arrested on a charge of committing an offence of rape or
an attempt to commit rape should be examined by the registered medical
practitioner at the request of police officer, not below the rank of Sub-
Inspector.
•The registered medical practitioner conducting such examination shall,
without delay, examine such person and prepare a report of his examination
giving the following particulars, namely-
1- The name and address of the accused and of the person by whom he was
brought,
2- The age of the accused,
3- Marks of injury, if any, on the person of the accused,
4- The description of material taken from the person of the accused
for DNA profiling, and”.
5- Other material particulars in reasonable detail.
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4. Types of Sexual Offence
• Natural Sexual Offence
1. Rape
2. Incest
• Unnatural Sexual Offence
1. Sodomy
2. Buccal Coitus
3. Tribadism
4. Bestiality (Bestio-sexuality)
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5. The law regarding Rape
Section 375 IPC-
Rape- A man is said to commit “rape” has sexual
intercourse with a woman under circumstances
falling under any of the six following de-
scriptions:—
1. Without her consent
2. Her consent in fear of death or of hurt.
3. With her consent, when the man knows that he is
not her husband, and that her consent is given
because she believes that he is another man to
whom she is or believes herself to be lawfully
married.
Natural Sexual Offence-Rape
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6. Cont…
5. Her consent with unsoundness of mind or
intoxication or the administration by him
personally or through another of any
stupefying or unwholesome substance.
6. With or without her consent, when she is
under sixteen years of age.
Section 376 IPC-
Punishment for the offence of rape which
may extend from seven years to life
imprisonment and also fine
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7. Natural Sexual Offence-Incest
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8. Unnatural sexual Offenses
• Sodomy- anal intercourse between two male
(Homosexual sodomy) or between a male and
a female (Heterosexual sodomy).
• Buccal Coitus- intercourse through mouth.
• Tribadism- Female homosexuality
(lesbianism).
• Bestiality- sexual intercourse by a human
being with a animal.
 All unnatuiral sexual offence punishable
under section 377 IPC. 8

9. DNA the molecule of life
Human body cells gene
tissue chromosome DNA
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10. Introduction to DNA
• Deoxyribose Nucleic
Acid-DNA
• DNA has often been
Described as the “BLUE
PRINT “of life, containing
all the information that an
organism requires in
Order to function &
reproduce
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11. One Strand of DNA
• The backbone of the
DNA molecule is
phosphate,
deoxyribose, and
bases
phosphate
deoxyribose
bases
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12. One Strand of DNA
• One strand of DNA is a
polymer of nucleotides
• One strand of DNA has
many millions of
nucleotides
• Nucleotides include
Phosphate, deoxyribose
and base
nucleotide
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13. Two Stranded DNA
• Remember, DNA has
two strands that fit
together something like
a zipper.
• The teeth are the
nitrogenous bases .
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14. The Shape of the Molecule
• DNA is a very long
polymer.
• The basic shape is like a
twisted ladder or zipper.
• This is called a double
helix.
• Right handed twisted
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15. 15

16. Four nitrogenous bases
• Cytosine C
• Thymine T
• Adenine A
• Guanine G
DNA has four different bases:
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17. Important:
• Adenine and Thymine always join
together
A T
• Cytosine and Guanine always join
together
C G
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18. Two important terms...
Phenotype: The outlook of an organism
Genotype: The genetic information written in the DNA
ATGTTTCCACCTTCAGGTTCC
ACTGGGCTGATTCCCCCCTCC
CACTTTCAAGCTCGGCCCCTT
TCAACTCAGAGAGGCGGCTA
GACACCCAGAGACCTCAAGT
GACCATGTGGGAACGGGATG
TTTCCAGTGACAGGCAG
GCCAAGAATGGCTCCCACCT
GGCTCTCAGACATTCCCCTG
GTCCAACCCCCAGGCCATCA
AGATGTCTCAGAGAGGCGG
CTAGACACCCAGAGACCTCA
AGTGACCATGTGGGAACGG
GATGTTTCCAGTGACAGGCA
Genotype
Phenotypes
Genotype
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19. Now , how DNA transform the
genetic information from one
generation to another ?
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20. MOM
DAD
YOU
You have two copies of every chromosome –one from
your father & one from your mother
Each chromosome carries a copy of gene- you therefore
have two copies of every gene
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21. DNA in forensic science
• The chemical structure of everyone's DNA
is the same.
• The only difference between individuals is
the order of the base pairs.
• This can give the valuable information to
distinguish the individuals.
• So plays an important role in forensic
investigations
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22. Individualization means…
• One and only.
• No other copy except the monozygotic
twins.
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23. Application of DNA testing in
criminal law
• Rape cases (including POCSO cases)
• Dispute Paternity and maternity cases
• Infant identification
• Unknown body identification
• Absconding solders
• Murder cases
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24. Sources of Biological
Evidence
• Blood
• Semen
• Saliva
• Hair
• Skin cells
• Bone
• Teeth
• Tissue
• Urine
• Condoms
• Envelopes
• Drinking cups
• Cigarette Butts
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25. Evidence collection
• Tissue - Hard e.g. Bone, Teeth
- Soft, e.g. Skin cellsBrain etc.
• Hair - Roots hair
• Blood - Fresh Blood (in FTA card
or in appropriate preservatives
minimum 5 ml)
- Blood Stain
• Seminal Swab
• Vaginal Swab Sterile cotton ear bud can be used
• Saliva Swab 25

26. ‘FTA Card’ for Blood Collection
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27. Sample Packaging
• Use appropriate containers
• Do not contaminate the evidence
• Prevents any change from taking place between
the time it is removed from the crime scene and
the time it is received by the crime laboratory.
• Place items collected at different locations placed
in separate containers.
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28. Obstacle in forensic Casework
• Small quantity of sample to work with.
• Contamination of sample.
• Poor preservation of material from which
DNA is to be extracted e.g. contamination
of stains and decomposition of tissue.
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29. Limitations
• But frequencies are not absolutely accurate because
databases are limited
• Contamination at crime scene or from victim
• Sloppy lab management
• Contaminated lab reagents
• Civil rights issues
– Establish degree of probable cause before testing
DNA?
– Can blood collected for other reasons be used?
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Thank you
Any Question?????