Dna test can't say wheather the body belongs to wife or not?
Anonymous
(Querist) 13 March 2015
This query is : Resolved
court only presumes the body belongs to wife by the statements of parents that the suit belongs to their daughter which is not authentic prove as only skull and 3 bones were recovered near end of canal and dna report was the only chance to prove it the prosecution take the statement of one agriculturist who says that he saw a body of lady in canal and the body was recovered after 15-16 days of that.the session court on dis presumption give a sentence of 9 years to husband what should i do? Is their any case law regarding acquital on basis of not proving the body belongs to wife and morover the wife was mentally upset from last couple of months for which she was getting treatment who knows wheather she is alive or not?help
Devajyoti Barman
(Expert) 14 March 2015
query is not clear to me. Give some back ground details.
Rajendra K Goyal
(Expert) 14 March 2015
Case law is not provided in this section.
alexander
(Expert) 14 March 2015
DNA test should have been carried out. If the Police has kept the exhibits of the remains of the lady then the Appellant Court may be approached for review. Sending a WP may also be considered by your advocate
Prima facie the evidence quoted by you should not result in a conviction.
It is felt that on all such criminal cases DNA must be made mandatory as also in the cases of disputed paternity which clog the time of he courts.
ALEXANDER
nom de plume
Anonymous
(Querist) 14 March 2015
Sir My Query is statement of parents of wife that the body belongs to their daughter which even can't be identified by dna test.Is it a suitable evidence to prove that the body belongs to wife?
alexander
(Expert) 14 March 2015
A loose strand of hair, bone etc is enough for DNA TEST to show existence/ absence of any relationship
Alexander
nom de plume
Anonymous
(Querist) 14 March 2015
Sir,dna report has come and it states dat they can't say that this body belongs to either male or female.the session court has convicted the husband only on basis of her parents statement dat their daughter has silver filling in last twi teeths and the suit which she was wearing belongs to her.
T. Kalaiselvan, Advocate 
(Expert) 17 March 2015
If you are very confident that this is a miscarriage of justice and the accused has been falsely convicted without considering the facts or that the prosecution has not proved the case beyond doubt, why dont you take the matter in th appeal, prepare a strong grounds in the memorandum of appeal and challenge the sentence accordingly. For citations there is no dearth, search for one yourself.
