Independent Evidence To Determine Guilt/ Innocence Of Accused Can't Be Refused Citing Delay: Delhi HC Allows DNA Test At Final Arguments Stage

“In the present case, the trial may have concluded and the case may be at the stage of final arguments but the interest of justice, demands that the truth must be discerned to determine the guilt of the accused; in fact if there can be any independent evidence which may help in determination of the guilt or innocence of the accused persons, must not be refused to be brought on record on the specious ground of Delay, especially when it entails such serious offence as S.302. Therefore, the contention on behalf of the Respondent No. 2 that this Application is highly belated and must be rejected, is not tenable” Justice Neena Bansal Krishna noted.

The brief facts of the case are that the accused (respondent no. 2) was charged with the murder of the complainant's (petitioner) son. The accused is said to have injured the victim in 2013, who subsequently died in 2015.

At the stage of final arguments before the Trial Court, an application was filed by the complainant (father of deceased) for directing the investigating officer to conduct a DNA test of the clothes of the deceased and the clothes of the accused.

The complainant argued that DNA evidence was crucial for the adjudication of the case. He submitted that considering the advancement in forensic science, the Investigating Agency should have preferred a DNA test to determine the culpability of the accused. Opposing the application, the accused contended that the biological and serological Reports were obtained more than three years ago and thus the application was highly belated.

The Trial Court dismissed the application, noting that the trial was at the fag end and the investigating officer was substantially examined in chief. It was noted that allowing the application may given an idea that the court was digging out evidence for one party. The complainant thus filed the present petition.

The High Court noted that suitable amendments have been made to the CrPC to provide for scientific methods of investigations. For instance, it referred to Explanation to Section 53 CrPC which provides for the examination of an accused by a medical practitioner at the request of a police officer, which would include DNA profiling, examination of blood, blood stains, semen, etc

Here, the Court noted that the offence was committed in 2013 when scientific means of DNA testing and profiling had emerged. It noted that while the investigating agency chose to confine the forensic report to the matching of blood groups of the deceased and the accused, it said that with blood samples available, the request for DNA testing is justified.

“In the present case, the offence has been committed in the year 2013 when the scientific means of DNA testing and profiling had already been emerged and had even found recognition in the amended provisions of CrPC. In this particular case, the Investigating Agency may have chosen to confine the Forensic Report to the matching of blood groups of the deceased and the accused, but with the blood samples available, the DNA testing as has been sought on behalf of father of the deceased, cannot be termed as without any justification. More so, when it is a case essentially resting on circumstantial evidence.”

The Court thus allowed the application of the complainant for DNA testing from the clothes of the deceased and the accused.

Case title: Nand Kishor vs. State & Anr

Citation: 2025 LiveLaw (Del) 414