“EVIDENTIARY VALUE OF

FORENSIC AND BALLISTIC

REPORT”

SUBMITTED TO- SUBMITTED BY-

CHAIRMAN, NAME: ARIDAMAN RAGHUVANSHI

U.P. STATE LAW COMMISSION CHANAKYA NATIONAL LAW UNIVERSITY

SEMESTER- 2nd

UTTAR PRADESH STATE LAW COMMISSION,

LUCKNOW
ACKNOWLEDGEMENT

I would like to thank Chairman Uttar Pradesh State Law Commission, A.N. Mittal Sir,
whose guidance helped me a lot with structuring of my project. I take this opportunity
to express my deep sense of gratitude for his guidance and encouragement which
sustained my efforts on all stages of this project.

I owe the present accomplishment of my project to my internship coordinator and

Secretary, Uttar Pradesh State Law Commission, Sapna Tripathi ma’am who helped
me immensely with materials throughout the project and without whom I couldn’t have
completed it in the present way.

I would also like to extend my gratitude to my parents and all those unseen hands that
helped me out at every stage of my project.

THANK YOU
NAME: ARIDAMAN RAGHUVANSHI
Contents
1. INTRODUCTION ........................................................................................................................... 4
2. HISTORICAL BACKGROUND ..................................................................................................... 6
I. IN INDIA ...................................................................................................................................... 7
3. LEGAL DIMENSION OF MEDICAL PRACTICE ..................................................................... 10
I. The Indian Medical Degrees Act 1916 ....................................................................................... 10
II. The Indian Medical Council Act 1933 ...................................................................................... 10
III. The Indian Medical Council Act 1956 ..................................................................................... 10
IV. DNA TECHNOLOGY IN INDIAN LEGAL SCENARIO ..................................................... 11
V.CRIME DETECTION AND DNA TECHNOLOGY ................................................................ 11
4. CASES ON EVIDENTIARY VALUE OF FORENSIC REPORT ............................................... 13
I. PRITAM SINGH VS STATE OF PUNJAB .............................................................................. 13
II. ROHIT SHEKHAR V. NARAYAN DUTT TIWARI & ANR ................................................ 15
III. GOUTUM KUNDU Vs. STATE OF WEST BENGAL.......................................................... 17
IV. STATE OF MAHARASHTRA V. DAMU GOPINATH SHINDE ........................................ 18
V. S.G. GUNDEGOWDA V. STATE BY YALUR, HASAN DISTRICT ................................... 20
5. CONCLUSION .............................................................................................................................. 21
1. INTRODUCTION
Even though medical jurisprudence, forensic medicine and legal medicine are terms commonly used
to denote the branch of medicine which deals with the application of the principles and knowledge of
medicine for the purpose of law, both civil and criminal, they bear different meanings. Medical
jurisprudence proper, embraces all questions which affect the civil or social rights of individuals, as
well as cases of injuries to persons, and brings the medical practitioner in contact with the law. Thus,
medical jurisprudence deals with the application of medical knowledge to the administration of law.
Toxicology deals with the symptoms, diagnosis and treatment of poisons, and the methods of
detecting them. Forensic science is an all-comprehensive term. In its broadest definition, forensic
science is an application of science to those criminal and civil laws that are enforced by police
agencies and courts.

A medical practitioner will have to frequently give evidence as a medical jurist in a court of law to
prove the innocence or guilt of an accused or to authenticate or disprove a criminal charge of assault,
rape or murder brought against an individual. A medical practitioner must remember that his
responsibility as a medical jurist is very great, for very often his is the only reliable evidence on which
the liberty or life of an individual depends. Therefore, the medical practitioner has to acquire the habit
of making a careful note of all the facts observed by him, and to learn to draw conclusions correctly
and logically after considering in details the pros and cons of the case, instead of forming hasty
judgement.

It is essential for a medical jurist to have a fair knowledge of all the branches of medical and ancillary
sciences taught to a medical student in the course of studies. A medical jurist is often required to
invoke the aid of these subjects in the elucidation of various problems of medico-legal interest in the
court of law. He must also be well acquainted with the government orders, statues and acts affecting
the privilege and obligation in medical practice, and some of the section of Indian Evidence Act,
Criminal procedure Code and Indian penal code relating to the various offences. However, forensic
science has now become so vast that often opinion of different specialist I forensic pathology,
serology, ballistic, toxicology, psychiatry, fingerprints etc are also necessary. The establishment of
forensic science laboratories in different states of India and the institutes of post graduate medico-
legal studies, forensic science and criminology are further steps towards the improvement in this field.

Judges observed that members of the medical profession are not very careful in drawing up medico-
legal report and consequently cut a very poor figure as expert witness. However, the experience of
medico-legal work in India leads one to believe that this carelessness complained of by the judges is
not due to any wilful negligence on the part of medical witnesses, but for want of sufficient data
supplied by the police. Another reason can be assigned to the want of practical knowledge of the legal
procedure in criminal courts, owing to the lack of opportunities afforded to medical students to be
present in courts when any case of medico-legal interest is being tried. Again, in medical colleges,
great stress is laid on the theoretical teaching of this subject, but its practical side is very much
neglected. Medical jurisprudence is a practical examples as far as possible, and students should get
ample opportunities to examine cases of injury and poisoning, and to conduct and witness medico-
legal post-mortem examinations.
2. HISTORICAL BACKGROUND
The development of medicine can be considered as old as mankind. To the earliest man, medicine
was known in the form of magic, witchcraft and worship of various objects of nature. To protect
themselves from their charlatan effect, the ancient men framed a sort of regulations, which was the
origin of medical jurisprudence. Archaic laws originated at the dawn of civilisation. With the
advancement of civilisation, the knowledge of medicine also improved and medical knowledge was
then applied for the purpose of law and justice. Thu, first teaching in medical jurisprudence, however,
emerged from the German universities in the seventeenth century. The first professional chair in this
discipline in the English speaking world, was created in 1807 at Edinburgh University by George III.

The word ‘forensic’ is derived from the Latin word forensis, meaning ‘of the forum’.in the Rome,
‘forum’ was meeting place where civic and legal matters were discussed by those with public
responsibility. Forensic medicine was earlier known as medical jurisprudence. It was also termed as
‘States Medicine’. In modern times, it is known in some countries, by the term ‘legal medicine’. The
subject-matter is now very varied and covers anthropology, pathology, serology, toxicology and
medical ethics. The growth of specialisation has now led to many aspects of forensic medicine
developing as a study in their own right, for example, forensic, odontology, forensic anthropology,
forensic biology and in a general sense, forensic science.

Mesopotamian medicine- Mesopotamian medicine arose and developed in the eastern

Mediterranean civilizations in the period of 5000 to 3000 BC9 . The healing practice was dominated
by superstitions where sickness was attributed to some supernatural forces. Illness was viewed as
punishment sent by the stars for violating taboos, social rules, or as intentional inflections of
witchcraft, demons, and malevolent supernatural forces. In this ancient era, there was a strong belief
in the supernatural that is, supernatural forces were considered as cause of diseases and therefore,
supernatural means were used as diagnostic methods, and treatment was supernatural in character. 1

Egyptian Medicine- The ancient Egyptian Medicine emerged as parallel and independent medical
practice of Mesopotamia. The medical information contained in the Sir Edwin Smith Papyrus
provides detailed description about the method of cures, ailments and anatomical observations. The
earliest known surgery was performed in Egypt around 2750 BC. Although in ancient Egypt treatment
was influenced by supernaturalism, yet it introduced rationalization of patients’ diagnoses and
diseases, patients were carefully examined, case histories were maintained and tests of urine faeces

1
Castigilioni Artuto, Medicine, Arno Press, a New York Times Company, New York, 1979 p. 13.
and blood were invented. Egyptian physicians were known for excellence and skill in the
mummification processes, the tombs and other monuments.2

Jewish Medicine: In the eighth century BC, a thousand years after Hammurabi, the ancient Jewish
medical text can be found in Old Testament in the book of Moses which contain various health related
laws and rituals, such as isolating infected people, washing after handling a dead body, and burying
excrement away from camp. While the observance of these rules leads to maintain good health,
Jewish people believed that these commands to be followed purely to fulfil the will of God. Centuries
later, by this beginning of the Talmudic period this ethical message was included in the medical
profession which enjoyed the same status as priests and judges at that time. The medical calling
gained favour both in the sight of God and man. The doctors were also granted privileges and their
liabilities were carefully expounded and restricted.3

Chinese Medicine- The origin of Chinese medicine dates back to the Chinese civilization which took
place before the reign of great Emperor Fi, who reigned about 2800 BC. Chinese medicine which
created a revolution in the treatment of diseases stagnated completely about AD 1000, due to the
overemphasizing of detail and deletion of fundamental facts. However, at about 2700 BC the therapy
of acupuncture and moxibustion had been invented. Later, Chinese medicine spread to Japan through
Korea about AD 400 where Chinese doctors were invited to open first Japanese hospital in 758.4

I. IN INDIA
Many a genius from the pages of Ancient Indian history had ever influenced the Rule of Law. Their
word remained an integral part of the Government’s functioning, leave alone. The oldest known, Law
Code that of Hammurabi, king of Babylon, dating from 2900 BC includes provisions regarding rights
and duties of medical practitioner and laid down punishment for physician’s negligent fracture. One
such personage happens to be Kautilya, also called as Chankya and Vishnugupta, who wrote the
Arthashastra”, which is the most comprehensive treatise of statecraft of classical times. The book
covered numerous topics viz., the king, code of law, foreign policy, secret and occult practices and
so on. Even after a gigantic lapse of time – more than 2000 years – the master strategist widely known
as India’s Machiavelli continues to rake up the minds of the country’s modem – day spiritual gurus.

Kautilya’s Arthashastra states that death can be caused by four ways of stopping the breathing
(strangling, hanging, asphyxiation or drowning); two ways of physical injury (by beating or by
throwing from a height); or poisoning (by poisons, snake or insect bite or narcotic drugs. If death is

2
Horstmanshoff, Marten Stol, Cornelis Tilburg (2004), Magic and Rationality in Ancient Near Eastern and Graeco-
Roman Medicine, Brill Publishers, p. 97-98
3
Maithil B. P. (2012). Physical Evidence in Criminal Investigation and Trials. 1st Edition, Selective and Sceintific
Books, Delhi, India, 5-45.
4
www.wikipedia.org/wiki/traditional_chinese _medicine-155k
suspected to be due to poisoning, the undigested parts of the meal were tested by feeding it to birds.
Cases of suicide by hanging were investigated to rule out the presence of ante-mortem injuries.
Similarly, on finding the murdered body of a stranger, his personal belongings such as cloths, dress
and ornaments were examined. Kautilya’s Arthashastra describes the necessity of autopsy in
establishing the cause of death after smearing the body with oil to bring out bruises, swellings and
other injuries. Veda is abundant source of knowledge. It is considered as the basic scripture of
Hinduism. The word Veda is derived from the Sanskrit root ‘vid’, which means ‘to know’ it is said
that God created the knowledge in a unique form called ‘Veda’. As it was not created by any purusha
or man, it is called APAURUSHEYA. Later the great sage Vyaasa, who compiled eighteen puraanaas
and wrote Mahabharata, classified Veda as Rig Veda, Same Veda and Adharva Veda. However, the
great sage could foresee this and classified Veda into four in order to make it is for the coming
generations to understand and follow them. In the ancient tradition of Gurukul, gurus taught Vedas
to their disciples by means of chanting and disciples learnt them by listening. That is why the Vedas
were called as ‘SHRUTHIS’.5

The Atharva Veda gives details about remedies for various conditions in the form of charms. There
were charms to cure wounds, burns, poisoning, snake bite, and insanity. Dissections of dead animals
were done during this period for the sake of knowledge.

In Muslim period in India the criminal laws were well developed and became a landmark. At that
period ‘Quasi-I-Mumalik” was in charge of civil and criminal litigations. His function was to find out
facts and apply the law. There were so many defects in the Muslim criminal law which were detected
by Britisher’s and were even abolished. The first recorded medico-legal autopsy was performed in
India by Dr Edward Bulkley on the afternoon of 28 August 1693. When Mr Wheeler, member of
council, Sea Customer and Chief Justice of Choultry in Chennai, died on 28 August 1693. In 1822,
the first medical school was established in Kolkata and converted into a Medical College in 1835.

In the same year, Madras Medical College was also established in Chennai. The first chair of professor
of medical jurisprudence was established at Madras Medical College in 1857. The most outstanding
contribution of India to legal medicine during burnish period is modern dactylography. It was Sir
William Herschel of the Indian Civil Services, who first used this method of identification in 1858.
Based on Herschel’s theory. Sir Francis Galton of England devised the systemic study and methods
of using fingerprints for personal identification in 18926. The British government altered this law

5
Avtar Singh (2013). Principles of The Law of Evidence. 20th Edition, Central Law Publications, Allahabad, India, 243-
245.
6
The term ‘Charaka’ (Caraka) is said to use to ‘wandering scholars’ or wandering physicians’; and ‘samhita, means
‘collected’ or ‘compendium’. The original source is identified as the Agnivesha Tantra based on the teachings of Punar-
vasu; Charak is said to have re-enacted this work; and later, another scholar Dridhabala extended it further. The work
from time to time till 1862 when the Indian penal Code came into existence. In fact the foundation of
our criminal laws is still Mohammedan law but it is so altered and added to by our regulations that it
ceases its originality.

Four law Commissioners of whom Lard Macaulay was the chief, prepared the draft Penal Code and
submitted to the Governor-General in Counsel on 14th October 1837. On 26th April 1845, it was sent
to a Commission of two gentlemen to be revised in the light of English Law, which was then intended
to modify and for which a similar Commission had been then sitting in English. This Commission
submitted two reports, dated 5th Nov 1846 and 24th Jun 1847. The Bill as revised was pigeon hold
for twelve or more years and was passed into law only on 6th Oct 1860. The code as enacted was
different from the Bill prepared by the law Commissioner who had recommended only 488 while the
code as enacted contained 511 sections. The Indian Medical Council was established in 1933.

The police system of crime investigation was introduced in India in 1861 and the coroners systems
in 1871 in the presidency towns of Bombay and Calcutta. Recently the teaching of forensic medicine
has improved with the establishment and expansion of the academic departments of forensic medicine
and toxicology: in most of the medical colleges. Postgraduate courses in forensic medicine an
available in several universities. It is hoped that trained medico-legists will be available in India in
sufficient large numbers in the districts, around the turn of the century.

dates back to the Maurya period ( roughly 3rd century BC) Chattopadhyaya, D. (1982) Case for a critical analysis of the
Charak Samhita in Studies in the Hostory of Science inIndia (Ed) Vol.1. New Delhi: Editorial Enterprises pp.209-236.
3. LEGAL DIMENSION OF MEDICAL PRACTICE
In India there are several pieces of legislations which permit self-regulation in maintaining the
professional standards in imparting proper training, determining medical qualifications, granting of
permission to practice and in enforcing discipline among the practicing medical practitioners of
allopathy, Ayurveda, siddha, unani and homeopathy, dentists, the nursing staff and the pharmacists.

I. THE INDIAN MEDICAL DEGREES ACT 1916

The Indian Medical Degrees Act 1916, seeks to govern practitioner who are practicing Western
system of medicine such as allopathic medicine, obstetrics and surgery but excludes the practitioners
of homeopathic, ayurvedic or unani7 system. The Act imposes bar on unauthorized granting of
degrees and makes its violation as punishable with fine which may extend to five hundred rupees.
The Act provides that no court shall take cognizance of an offence publishable under this Act except
by the order of the State government, or upon a complaint made with the previous sanction of the
state government, by Council of Medical Registration established any enactment. The Council does
not have suo-moto power to take action against anyone who contravenes the Act. There are no
guidelines as to proceedings to be conducted by the State government in the case of complaint lodged
by the Council.

The Act by and large is to be operated at the sweet will of the state government. The Act has failed
to maintain discipline and uphold the honour of the profession.

II. THE INDIAN MEDICAL COUNCIL ACT 1933

For the first time, the Medical Council of India was established in 1934 under the IMC Act of 1933
with the objectives of maintaining uniform standard of medical education in India, regulating the
entry of new entrants, recognizing medical academic qualifications and having reciprocity with the
foreign countries in the matter of mutual recognition of medical qualifications. However, with the
phenomenal growth of medical education in India after independence, it was felt that the provisions
of the Act were inadequate to meet the new challenges. Thus, the Indian Medical Council Act 1933
was repealed and the new enactment namely the Indian Medical council Act 1956 was enacted.

III. THE INDIAN MEDICAL COUNCIL ACT 1956

After independence, the state governments established medical councils by enacting the Medical Act
for the enrolment of medical practitioners and controlling of medical education in their own states.
However, registration was not compulsory under the different State Medical Acts except the Bombay
Medical Practitioner’s Act 1938 90 which makes registration compulsory and debars persons from
practicing or holding themselves out as practicing for personal gain, any system of medicine, surgery

7
Section 2 of IMDA 1916.
or midwifery in this State. 8IMC Act 1956 provides for the Medical Council Act of India which shall
consist of nominated as well as elected members from amongst the medical practitioners. The Medical
Council recognizes the medical qualifications granted the medical institutions in and outside India91
and is empowered to maintain a register of medical practitioners. The Council is also authorized to
prescribe standards of medical education including post-graduation for the guidance of universities
and may advise universities in maintaining uniform standards for medical education throughout India.

IV. DNA TECHNOLOGY IN INDIAN LEGAL SCENARIO

Indian courts have time and again held that the evidence for proving non-access must be strong,
distinct, satisfactory and conclusive. DNA tests can be strong evidence as they are correct up to 99%
if positive and 100% if negative.

Indian courts have laid down certain guidelines regarding DNA tests and their admissibility to prove
parentage. That courts in India cannot order blood test as a matter of course; Wherever applications
are made for such prayers in order to have roving inquiry, the prayer for blood test cannot be
entertained. There must be a strong prima facie case in that the husband must establish non-access in
order to dispel the presumption arising under Section 112 of the Evidence Act.

The court must carefully examine as to what would be the consequence of ordering the blood test;
whether it will have the effect of branding a child as a bastard and the mother as an unchaste woman.
No one can be compelled to give sample of blood for analysis.

V.CRIME DETECTION AND DNA TECHNOLOGY

Though there is no specific DNA legislation enacted in India, Sec.53 and Sec. 54 of the Criminal
Procedure Code, 1973 provides for DNA tests impliedly and they are extensively used in determining
complex criminal problems.

Sec. 53 deals with examination of the accused by medical practitioner at the request of police officer
if there are reasonable grounds to believe that an examination of his person will afford evidence as to
the commission of the offence.

Sec. 54 of the Criminal Procedure Code, 1973 further provides for the examination of the arrested
person by the registered medical practitioner at the request of the arrested person. The law
commission of India in its 37th report stated that to facilitate effective investigation, provision has
been made authorizing an examination of arrested person by a medical practitioner, if from the nature
of the alleged offence or the circumstances under which it is alleged to have been committed, there
are reasonable grounds for believing that an examination of the person will afford evidence.

8
Section 4 and 5 of the IMC Act 1956.
Sec. 27(1) of Prevention of Terrorism Act, 2002 says when a investigating officer request the court
of CJM or the court of CMM in writing for obtaining sample of hand writing, finger prints, foot prints,
photographs, blood, saliva, semen, hair, voice of any accused person, reasonable suspect to be
involved in the commission of an offence under this act. It shall be lawful for the court of CJM or the
court of CMM to direct that such samples shall be given by the accused person to the police officer
either through a medical practitioner or otherwise as the case may be.
4. CASES ON EVIDENTIARY VALUE OF FORENSIC REPORT

I. PRITAM SINGH VS STATE OF PUNJAB9

Judgement- It was held that the comparison stood the test well and under the circumstances these
foot impressions in blood near the place of the incident, were proved to be those of the accused.

Date- 4/11/1995

Quorum- N. H. Bhagwati and T. L Venkatrama Ayyar

Facts of the cases- Pritam Singh Fatehpuri and Gurdial Singh got into the lorry on the way and
seated themselves with Pritam Singh Lohara and Kartar Singh in the seats which had been already
reserved for them by the latter. Pritam Singh Fatehpuri and Gurdial Singh stood on the right flank of
the lorry nearest to the seat on which Chanan Singh was sitting on the front-row of seats just behind
the driver while Pritam Singh Lohara and Kartar Singh went over the left flank next to Sardul Singh.
Singh fired at Chanan Singh while Pritam Singh Lohara and Kartar Singh fired at Sardul Singh with
their respective firearms and both the victims died on the spot. The three assessors who had aided in
the trial were also unanimous in their opinion that both the accused were guilty of the murders and
the learned Additional Sessions Judge convicted both of them of the offences with which they had
been charged and sentenced them to death subject to confirmation by the High Court.

Even so, the High Court considered that the identification by Gurdip Singh and Dial Singh was
satisfactory and relied upon the same though it observed: "If this was the only piece of evidence
perhaps it would have been unsafe to convict as standing by itself it might not have been sufficient,
but as I shall show later there are other pieces of evidence which go to support the case for the
prosecution." I would hold that Pritam Singh Fatehpuri accused has been rightly convicted."

The eyewitnesses including the police constables Thakar Singh and Raj Pal were believed by the
High Court in spite of the criticisms levelled against them by the counsel for the accused. Having
regard to the circumstances attendant upon the recovery of the revolver Exhibit P-14 and the acquittal
of the accused of the offence under Section 19(f) of the Arms Act, the High Court was of the opinion
that this evidence could not be taken into consideration against him. The High Court held that the
evidence against Pritam Singh Lohara consisting of that of the eyewitnesses who stated that they saw
him getting into the bus and then committing the murders and running away from the spot, of
identification of foot-prints and of absconding, which was quite satisfactory, was sufficient to convict
him and it came to the conclusion that he also had been rightly convicted.

9
Bhagwati (1956). Pritam Singh vs State of Punjab. SC 415, CriLJ 805, AIR (All India Reporter), SC (Supreme Court).
The High Court dismissed the appeals of both Pritam Singh Fatehpuri and Pritam Singh Lohara, did
not see any ground for interfering with the sentence of death passed upon them and confirmed the
same. The witnesses to the recovery were Shri Om Prakash, the investigating officer, Bakshish Singh
and Shamsher Singh, who along with others, Joginder Singh, Gurcharan Singh and Dara Singh had
been examined in the trial of Pritam Singh Lohara for the offence under the Arms Act. Milka Singh
had been shown to have taken part in 4 searches and Sohan Singh was shown to have taken part in as
many as 7 raids and searches all within one year and were stock witnesses whose evidence could not
be relied upon at all.

The evidence of Shri Om Prakash could not be viewed with suspicion merely because the learned
Additional Sessions Judge, Faridkot, had acquitted the accused Pritam Singh Lohara of the charge
under the Arms Act and the evidence of the other witnesses also could not suffer in consequence of
such acquittal. The evidence of the witnesses, Bakshish Singh and Shamsher Singh in regard to the
recovery of Exhibit P-56 and of Milka Singh and Sohan Singh in regard to the recovery of Exhibit P-
14 would have to be considered independently and the latter could be considered against the accused
only if the Court was satisfied that it was reliable The evidence of Milka Singh and Sohan Singh was
scrutinised both by the learned Additional Sessions Judge and also by the High Court and both these
Courts came to the conclusion that they could rely upon the same in spite of the criticisms which had
been levelled against it by the counsel for the defence.

We are of the opinion that the High Court was right in rejecting the evidence regarding the recovery
of Exhibit P-56 against Pritam Singh Lohara and the evidence against him would have to be
considered regardless of the alleged recovery of Exhibit P-56 at his instance. At the first identification
parade, out of 16 witnesses who were present, the two constables Thakar Singh and Raj Pal were
refused by the accused, and, from amongst the rest, only two witnesses viz. Gurdip Singh and Dial
Singh succeeded in identifying him. The absence of any mention of this limp by these witnesses as
also by Pritam Singh, the driver, in the FIR which he made to the police immediately thereafter is not
of much consequence. The identification of both Pritam Singh Fatehpuri and Pritam Singh Lohara
stands established and is a piece of circumstantial evidence which can be used against them. It was
contended that the track evidence was not enough to establish the identity of Pritam Singh Fatehpuri
as one of the culprits involved in the affair. The learned Additional Sessions Judge thought otherwise
and recorded his impression. The track evidence was a circumstance which was available to the
prosecution against Pritam Singh Fatehpuri and Pritam Singh Lohara.

Issue involved- The validity of the scientific method used for fingerprinting and foot printing is
accepted by the Courts.
II. ROHIT SHEKHAR V. NARAYAN DUTT TIWARI & ANR10
Judgement- i. Now, if in case of any conflict between eye evidence and the medical evidence, the
court will have to go by the evidence which inspires more confidence. In case of contradiction
between medical evidence and ocular evidence, medical evidence is not to be given primacy.

ii. The evidence of an eye-witness not to be discarded on strength of a medical opinion.

Date- 27/4/2012

Quorum- A. K. Siri, A.C.J and Rajiv Sahai

Facts of the cases- The plaintiff has filed the suit inter alia seeking declaration that the plaintiff is
the naturally born son of the defendants and that the defendant No. 1 is the father of the plaintiff. It
is asserted that, though he was born to Smt. Ujjwala Sharma, defendant No. 1 whilst her marriage to
Sh. B. P. Sharma subsisted, the plaintiff was not born from their wedlock. Reliance in this behalf has
been placed on the report of blood samples drawn from Shri B.P. Sharma and DNA profiling which
have been compared with the DNA profiling of the plaintiff's blood sample which report reflects that
Sh. B.P. Sharma cannot be his (the plaintiff's) biological father. Besides the report, the plaintiff also
relies upon a joint affidavit by himself and Sh. B.P. Sharma stating that such blood samples were
furnished voluntarily and the admission by Sh. B.P. Sharma in the divorce petition filed by him and
Smt. Ujjawala Sharma-defendant No. 2. The plaintiff has categorically asserted that he was born
from an extramarital relationship between the defendants. In this regard, he places reliance on the
proximity between the parties in the plaint and relies on photographs which according to the plaintiff
manifest that the defendants as well as the plaintiff shared an intimate relationship. In her written
statement the defendant No. 2-the plaintiff's biological mother supports the plaintiff.

The defendant No. 1 does not dispute that the plaintiff is the biological son of the defendant No. 2,
but denies relationship or intimacy with her as well as the plaintiff. During the pendency of the suit,
the plaintiff filed IA No. 4720/2008 on 11th April, 2008 seeking a direction to the defendant No. 1 to
submit to DNA testing. This application though opposed by the defendant No. 1, was allowed by the
detailed judgment dated 23rd December, 2010 wherein the court inter alia rejected the pleas of the
defendant No. 1 that the birth of the plaintiff on 15th February, 1979 during the subsistence of the
marriage of Dr. Ujjawala Sharma and Sh. B.P. Sharma invited an absolute presumption under Section
112 of the Evidence Act.

10
Rajiv Sahai Endlaw (2012). Rohit Shekhar vs Narayan Dutt Tiwari and Anr. 12 SCC 554, SCC (Supreme Court Cases).
Issue involved- the issue of paternity was concerned and the Delhi High Court ordered the respondent
to undergo a DNA test, as the petitioner was able to produce DNA evidence which excluded the
possibility that his legal father was his biological father.
III. GOUTUM KUNDU VS. STATE OF WEST BENGAL11
Judgement- The Supreme Court laid down guidelines governing the power of courts to order blood
tests. The court held that: i. courts in India cannot order blood test as matter of course; ii. Wherever
applications are made for such prayers in order to have roving inquiry, the prayer for blood test cannot
be entertained. iii. There must be a strong prima facie case in that the husband must establish no
access in order to dispel the presumption arising under section 112 of the Evidence Act. iv. The court
must carefully examine as to what would be the consequence of ordering the blood test; whether it
will have the effect of branding a child as a bastard and the mother as an unchaste woman. v. No one
can be compelled to give sample of blood for analysis.

Date- 14/5/1993

Quorum- A.M. Ahmadi and S. Mohan

Facts of the cases- The appellant herein was married to second respondent on January 16, 1990
according to Hindu rites and customs. They lived together for some time until second respondent left
the matrimonial home to reside with her parents in order to prepare for Higher Secondary
Examination which commenced on April 5, 1990 and continued up to May 10, 1990. In the month of
April, 1990 she conceived. On coming to know that she was pregnant, the appellant and the family
members did not want her to beget a child. Therefore she was being forced to undergo abortion which
was refused by the second respondent. During the stay she was meted out cruel treatment both
physically and mentally. She came back to the matrimonial (sic maternal) home during Durga Pooja
in the month of October, 1990. A female child was born on January 3, 1991. She filed a petition under
Section 125 CrPC before the learned Chief Judicial Magistrate, Alipore in Misc. Case No 143 of 1991
both for herself and the child. By an order dated August 14, 1991 which was passed ex parte he
awarded a sum of Rs. 300 per mensem to the mother and Rs. 200 to the child. Against that order, the
appellant moved a revision to the High Court. That revision is pending as No. 1837 of 1991.
Thereafter the petitioner filed a Crl. Misc. Case No. 143 and 1991 for blood group test of the second
respondent and the child. In that proceeding the petitioner herein disputed the paternity of the child
and prayed for blood group test of of the child to prove that he was not the father of the child.
According to him if that could be established he would not be liable to pay maintenance. Aggrieved
by this order, revision was preferred before the High Court. Dismissing the revision it was held that
Section 112 of the Evidence Act says where during the continuance of valid marriage if a child is
born that is a conclusive proof about the legitimacy. This section would constitute a stumbling block
in the way of the petitioner getting his paternity disproved by blood group test.

11
Mohan S. (1993). Goutam Kundu vs State of West Bengal. AIR 2295, SCR(3) SCC (Supreme Court Cases).
IV. STATE OF MAHARASHTRA V. DAMU GOPINATH SHINDE
Judgement- The Supreme Court has held that without examining the expert as a witness in the court,
no reliance can be placed on expert evidence.

Date- 1/5/2000

Quorum- K.T Thomas and D P Mohapatra.

Facts of the cases- The facts in the present case disclose sordid tale of commission of an offence
most foul and reveals the extent to which a humanbeing can stoop to satisfy his greed to procure
money. The gruesome nature of the crime and the diabolical manner in which it is executed poses a
question, whether the author of such crime can ever be reformed and if death penalty is given in such
a case, whether it would be justified irrespective of the fact whether it acts as deterrent or not.

The episodes started on 4.3.1992 when a little girl by name Meera (one of the four children of
Ramdas) was missing from her house. The elders of the family made hectic searches and then caused
announcements to be broadcast through loudspeakers fitted at the Gram Panchayat's office regarding
the disappearance of the child. Next day a complaint was lodged with the police. On the third day her
dead body was recovered from the canal flowing through the locality. It was wrapped in a gunny
bag made for urea storage. Among the injuries noted on the dead body two were so peculiar that the
mystery deepened further. Dr. Ramprasad (PW33) who conducted autopsy on the body has described
one injury as anti-mortem and the other as post- mortem. The former was multiple abrasions on the
left labia majora on the lateral aspect. The latter was a "triangular wound on the perenial region just
posterior to vaginal opening." PW33 Doctor opined from the other injuries noted by him that death
of Meera was caused by throttling. On 9.2.1994 a five-year-old kid by name Devidas (one of the two
children of PW 26 - Khandu) was found missing. A complaint was lodged with the police on the
succeeding day and three days later the dead body of Devidas was found floating in the canal at
Dedgaon in Newasa Taluk. He had an injury on the back of his head and his penis was seen chopped
off. His father PW26, a rustic villager, wished to avert a post-mortem examination on the remainings
of his dear child and hence he did not choose to inform the police about recovery of the dead body.
On 13.2.1995 another little male child by name Deepak (who was then studying in the 2nd standard)
was found missing from his house. His father PW2 Suresh deputed his uncle to lodge the complaint
with the police. Three days later the dead body of Deepak was found in the same canal and penis of
that child was also seen chopped off, besides the lobes of his two ears were sliced off.

While the above events had rocked the locality, the particular village at Newasa Taluk was agog with
different stories - In the meanwhile a seemingly event-less incident took place. A five year old boy
by name Sagar (PW31) was endeared to A4 Balu Joshi whom the boy used to address "Balu Mama"
(as the nephew of A4 Balu Joshi by name Krishna and Sagar were classmates and friends). On two
occasions A4 (Balu Joshi) tried to allure Sagar by offering sweets to him and took him to some
distance but on both occasions Sagar wriggled out from his grip and ran off. The first attempt took
place in February 1993 and second was in 1995. The boy told his father PW30 Ramakant about it but
the latter did not take it as a matter of serious implication to be reported to any authorities. But later
when things crystallized into larger dimensions PW30 felt the need to bring it to the notice of the
police. Damu Gopi Nath was arrested on 26.2.1995 and with his interrogation the police could make
a break-through regarding the mysterious disappearances and death of the children. Arrests of the
remaining three accused were followed swiftly and thereafter investigation progressed to a
considerable extent. Certain articles were recovered consequent upon the information elicited from
the accused and such recovery threw further light on the multiple infanticides.
V. S.G. GUNDEGOWDA V. STATE BY YALUR, HASAN DISTRICT 12
Judgement- The report of the ballistic expert was considered as admissible without calling him as a
witness.

Date- 31/8/1999

Quorum- M Vishwanath, M Mirdhe

Fact of the case- That deceased Mallesha was the elder brother of the appellant and deceased Yogisha
was the son of Mallesha. P.W. 1 Gurumurthy is another son of deceased Mallesha. There was a
dispute between Mallesha and the appellant in respect of the kharab land situated in between the lands
of the appellant and deceased Mallesha and on the date of the incident P.W. 1, deceased Mallesha,
and deceased Yogisha had gone to that kharan land and had put up a fence. The appellant is the licence
holder of S.B.B.L. gun M.O. 2. On 4-8-91 at about 5 p.m. P.W. 1, Mallesha and Yogisha were
returning after putting a fence around the kharab land and on the way the appellant suddenly appeared
and fired at Mallesha causing him injuries resulting in his death and he also fired/Yogisha causing
him gunshot injury and when Yogisha managed to hide behind a bush to save himself, the appellant
picked up a machu fallen down on the ground by the side of Mallesha and dealt blows with it on the
head, right shoulder and on the right thigh resulting in his death. P.W. 1 ran for his life and escaped
from the place of incident and came to his house and informed about the incident to his mother
Rukminiyamma and his uncle Ananda. He also informed the fact of the offence to the S.H.O. on
phone. The S.H.O. came over to Kamanahalli after noting down the phone message that he received
from P.W. 1 in the station house diary and he visited the scene of offence and saw the dead bodies
and P.W. 1 prepared his complaint and he came to the police station and presented his written
complaint to the P.S.I. The P.S.I. registered the complaint and after completion of the investigation,
the police filed charge-sheet against the appellant-accused.

The learned Trial Judge after assessing the evidence led by the prosecution came to the conclusion
that the prosecution has been able to prove the guilt of the appellant beyond reasonable doubt and he
also held that this is the rarest of rare type of case and a fit case to award death sentence to the
appellant and accordingly he has awarded death sentence to him besides the sentence of three months
R.I. for violation of the provisions of the Arms Act.

12
Mirdhe (1996). S. G. Gundegowda vs State Karnataka. Criminal Law Journal, 852.
5. CONCLUSION
The above research envisages that the discretion lies solely with the court to admit the forensic report
of an expert. The reference may be given to the case of Krishan Chand v Sita Ram29, wherein there
was a conflict of expert opinions’, it was held that it is the Court which is competent to form its own
opinion with regard to signatures on a document. It totally depends upon the facts and circumstances,
and the opinion of the courts, which varies accordingly. As such, there is no provision in the Indian

Evidence Act, 1872, which expressly states that expert evidence requires corroboration, but,
practically stating as per my own experience; courts generally do not rely only on expert evidence,
unless it is supported by other evidence. That is the reason, it has been observed by the Supreme
Court of India in plethora of cases that it is highly unsafe to convict a person on the basis of sole
testimony of an expert. It is generally seen that in most of the cases, courts ask for the medical expert
opinions. But practically stating, it is well settled that medical jurisprudence is not an exact science
and it is indeed difficult for any medical expert to say with precision and exactitude as to when a
particular injury was caused, so it is merely the duty of the expert to give his opinion. Thereby, it can
be said as a general rule, the opinions of medical experts and other experts who has special skill in a
particular field shall be admissible in the Court of law. It can be suggested and recommended that the
expert from the medical field should be encouraged to undertake medico-legal work. It has been seen
above that the medical experts have played a very vital role as an aid to help the Courts to arrive at a
logical and well-defined conclusion. And now, scientific experts/forensic scientists are also playing
a crucial role especially in criminal matters and the testimonies of expert evidence have been relied
upon by the Courts. The concern regarding the need to involve more professionals in expert
opinion/testimony has been felt by various organizations30. This objective of greater expert
participation can only be achieved by addressing the apprehensions of various experts and I suggest
and believe that the government of the day should come up with more institute’s specialising in
various fields of Forensic Science.