As per Ex.P33, PW.22 stated that the victim is the biological mother and accused is the biological father of the baby born to the victim. However, PW.12-victim, her grandmother, father and other relatives, unequivocally deposed that the accused did not commit any sexual act on the victim. In such circumstance, the oral testimony of victim and her relatives goes contrary to the medical evidence. No doubt, evidentiary value can be attached to the DNA report issued by the expert as per Section 45 of the Indian Evidence Act. However, if the same does not corroborate the testimony of victim, in such circumstance, the Court has to test the veracity of the report based on facts and evidence of the case on hand.
16. Thus, applying the findings of the Hon'ble Apex Court and the Co-ordinate Bench stated supra to the facts and circumstances of this case, except the DNA report, absolutely no other corroborative piece of evidence is available on record to connect the accused with the alleged offence. The victim herself firmly stated that the accused did not have any sexual intercourse with her. She is not aware who the father of her child is. Even her parents and relatives also deposed similarly. In such circumstance, the DNA report cannot be solely relied to convict the accused since as per the survey and study of National Forensic Science Laboratory (NFSL) in India and as per the report of International Journal of Indian Science and Research (E-ISSN 2584-0924) published in JLFJ Volume:1, Issue:1, July 2022, the legal stands on DNA profiling considered, STR (short Tandem Repeat) testing is highly reliable method for human identification in Forensic Science and it is not strictly 100% accurate in India or globally.
IN THE HIGH COURT OF KARNATAKA (DHARWAD BENCH)
Criminal Appeal No. 100570 of 2022 (A)
Decided On: 10.07.2025
State of Karnataka Vs. Nagesh
Hon'ble Judges/Coram:
Nataraj Rangaswamy and Rajesh Rai Kallangala, JJ.
Author: Rajesh Rai Kallangala, J.
Citation: MANU/KA/2295/2025.
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