non production of DNA Report in a case u/s 376 2g IPC
vinod bansal
(Querist) 17 February 2011
This query is : Resolved
R/Experts
In given case i am representing one of the four accused,as per prosecution case, one accused commit rape and rest three quard him,the accused to whom alleged rape is attributed was undergone DNA test,now prosecution evidence is likely to be close but police/prosecution has not filed DNA Report on case file,(I know DNA Report is not favouring to police case thats why prosecution is withhelding this report,what i have to do in given circumstances,i have to wait till defence evidence or i have to move any application for production of DNA Report,Kindly help,its urgent.Regards Vinod Bansal adv Jind
SANJAY GUPTA
(Expert) 18 February 2011
if prosecution fail to produce the DNA report before the court by any means it will defenately go in favour of the accused person. My advice is to wait till prosecution closed their witness and if you sure that the DNA report going in your favour ask the expert with the report to depose before the court as defence witness but make it sure report shall not be in adverse nature.
indrajit mukhopadhyay
(Expert) 18 February 2011
when prosecution failed to produce DNA report and when you know that the DNA report gonna help you ,then place the DNA REPORT with DWS.Still if you are not interested to place DNA report as DWS then put the question to io during trial that when you collected DNA report what was the finding of that report. io will not be in a position to answer with out that report. Then raise this point strongly as to why prosecution did not produce the findings of DNA report and take the advantage of non-production of that report during argument.This will help you a lot.
Ajay Bansal
(Expert) 19 February 2011
File an application u/s 91 Cr.P.C for getting production of D.N.A. report in court.
Dr G V Rao
(Expert) 21 April 2014
When not sure of the contents of the DNA report, do not go after it.....sometimes it will surprise u.
