Indian Journal of Law and Legal Research Volume V Issue III | ISSN: 2582-8878
ROLE OF FORENSIC EVIDENCE IN ESTABLISHING
SEXUAL OFFENCES
Ms. Kshipra Umesh Bapat, Symbiosis Law School, Nagpur
Dr. Aarti Khalnwat, Symbiosis Law School, Nagpur
ABSTRACT
In India, the conviction rate is 23%, with the main reason being a lack of
evidence to show guilt beyond a reasonable doubt. Forensic evidence is
important not just in establishing the sexual offence but also in defining the
seriousness of the event. The primary contribution comes from the collecting
of forensic evidence through various procedures such as DNA, sperm testing,
struggle marks, medical expert opinion, toxicology, and so on. A robust
forensic evidence system will have a deterrent effect on the cruel actions
committed against women and will aid in the timely delivery of justice. The
researcher's goal with this study is to bridge the gap between the relevance
of forensic evidence in investigations and the real value it is given during the
trial and admissibility.
Keywords: Forensic Evidence, Sexual offences, legislations, Judgments
Page: 1
Indian Journal of Law and Legal Research Volume V Issue III | ISSN: 2582-8878
INTRODUCTION
The inhuman Nirbhaya Rape case shook the world to its spine, the brutality of the act
committed came to light through the forensic reports. Four criminals' fates were sealed by
scientific and forensic evidence such as DNA, finer prints, and bite mark analysis. Through
line of years witnessing daily soaps like CID and the amazing talent represented through
forensic tests and solving cases in minutes, puts every mind into thinking whether the Forensic
science plays a vital role in solving cases?
One of the key reasons for the low conviction rate is the lack of uniform guidelines for
acquiring medical evidence in rape cases. Forensic-science is implementation of knowledge of
science and techniques to the practice and application of law. In civil and crime related
circumstances, forensic-analysis is employed in the investigation and prosecution. It helps in
determining the guilt or guiltlessness of the individual. It’s basic agenda revolves around
advising people doing the criminal investigations and to produce reliable information to courts
for case resolution.
"Forensic science" is an excellent moniker for the work of a scientist who, through reports and
testimony, answers questions for the courts. As a result, forensic science is the science used in
legal procedures. Forensic science is described by the National Institute of Justice (NIJ, 1908)
as "the application of scientific knowledge to the legal system." It can be defined more broadly
as a scientific field devoted to the recognition, identification, individualization, and evaluation
of physical evidence using natural science concepts and processes for criminal justice
administration.1
Criminal investigation involves collecting evidence of a crime, attempting to discover the truth,
and providing the perpetrator's legal evidence link to the crime. This process should establish
beyond reasonable doubt that: crime has been committed. The corpus deliciti has been found,
The offender had the chance to commit a criminal act, as well as the motivation to do so. The
accused used a specific Modus Operandi.2
Importance of “Forensic-evidence”
Forensic-science is a inseparable part of every judicial system as it delivers right information
by studying the evidences collected and determines the true identity of the wrong doer with the
1
Modi, A textbook of Medical Jurisprudence and Toxicology, 381, Lexis Nexis, 26thedition
2
B.R. Sharma, Scientific Criminal Investigation,2,Lexis Nexis, 5th edition 2015
Page: 2
Indian Journal of Law and Legal Research Volume V Issue III | ISSN: 2582-8878
help of identifying personal traits of such individual like, fingerprints, footprints, blood drops
or hair.3Forensic-science caters everything that helps in the collection, perputation, and detailed
anaylsis of that collected evidence, such as identification by DNA- Analysis, study of
molecular build up and its growth over the time, and explosive analysis and identification.
Science is increasingly helping the investigators in carrying out various tasks involved in the
investigation. In fact the societal sea change has made and is making the scientific methods of
investigation indispensable. They are not costly vis-à-vis the results. The administrators of law
have realized their importance and they are made available, as there are no better alternative
options available. It establishes a link between the perpetrator to the alleged offence by the way
of elements left at the site of occurrence and with that of the one against whom the alleged act
was committed. Contrary if the final result of analysis does not establish any link between the
site of occurrence and that of the victim with the accused, his righteousness gets established.
Thus forensic science not only helps in indentifying the culprit but also saved the innocent
person.
Forensic analysis describes the characteristics of person on whom the suspicion of crime lies.
The evidence reveals the nature of the crime. The situation explains the occurrence's timing.
The crime scene is proven by forensic evidence. The offender's method of operation is
discovered through forensic investigation. Finally, it establishes the crime's intention. The
process of forensic investigation starts from the time when evidence is collected at the site of
occurrence or from the person against whom crime is committed, further it is studied in labs
and the last step is producing the end results before magistrate.
Following introduction of the DNA analysis as a importance identification mechanism, the
same provided investigators with a substantial amount of knowledge that enables them to
locate the suspect.
The turning point in the brutal Delhi gang rape case was forensic evidence. The key evidences
were the fingerprints and bite marks of the four people. “In this case, the court, made up of
Judges R Banumathi and Ashok Bhushan, said, DNA technology has not only guided the
investigation, but also provided the court with information on the prone features of criminal
4
identification, and such evidence has been increasingly relied upon by the courts.” The
3
Modi, A textbook on Medical Jurisprudence and Toxicology,382,Lexix Nexis, 26th Edition.
4
(2017) 6 SCC 1
Page: 3
Indian Journal of Law and Legal Research Volume V Issue III | ISSN: 2582-8878
brutality of the act was established only through the post mortem report received which shook
the world to its spine which also forms a part of forensic technique.
In sexual offence cases both the culprit and the victim carry vital evidence. They are lost with
the passage of time. Their medico-legal examination should, therefore be carried out at the
earliest.
Forensic technological-based movies and dramas are exciting and speedy-paced. But in fact,
it's far absolutely unique. The method is prolonged and has an excessive danger of destroying
the proof.5
As the technology is advancing and inventions in sciences are reaching sky heights is right to
say that there is rather no shortage of experienced personas and scholars in this sea of forensic
science, but the quality of the work is different and will significantly affect it for the following
reasons:-
1. Absence of well equipped labs.
2. No compulsory certification for practicing experts
3. Insufficiency of advanced study and modern technique
4. Absence of quality future prospect.
5. No effective training for experts.
The accountability of forensic evidence is questioned due to conflicting practices in criminal
laboratories, non-commercial practitioners, providing evidence of fraud and lack of quality
control of the evidences. The validity of every forensic evidence fails to be established if it is
not backed by a strong foundation of scientific reasoning. The credibility of every forensic
evidence is questioned on the basis of the facts and circumstances of cases. The major question
left to be addressed in the court is the admissibility of such evidences.
Admissibility of Forensic Evidences
Rape is a criminal offense and now not a scientific prognosis by means of the paramedic
treating the sufferer.6 Therefore, the problem of whether rape happened is a felony
5
B.R. Sharma Scientific Criminal Investigation, 15 Lexix Nexis 2nd edition.
6
Madam Gopal Kakkad v. Naval Dubey and Anr, 1992 SCR (2) 921.
Page: 4
Indian Journal of Law and Legal Research Volume V Issue III | ISSN: 2582-8878
consequence, not a scientific one.It is an accusation made through the investigative officer
upon the victim's grievance. The only explanation the paramedic can provide is whether there
is evidence of recent sexual activity and whether there are bite marks on any part of the body
or noticeable injuries in and around intimate areas. Their job is primarily to provide adequate
health care and comfort to the victim and secondarily to assist the prosecution with appropriate
medical evidence.7
The question of the validity of the evidence is often raised about some evidence that seems
insignificant but something related to the facts in the matter, where distortion as needed to link
to the conclusion of the truth. India to in recent decades, with the development of new scientific
technologies, the focus must be on research and understanding applications that promote the
use of forensic evidence. This brought about a change in point of view from mystic to
scientifically clear not only in criminal investigation but in the various fields of the legal
system.
On many footings the value and credibility of forensic evidence is challenged before the court
of law. The key ground for this is that if any mistake or mistake is made on behalf of forensic
scientists, it will change everything. Fingerprints, which can be seen with blood stains, were
detected at the crime scene. But nowadays technology has become more advanced with the
help of hidden fingerprints and other modern techniques.8
There is confusion as to whether forensic evidence should only be considered confirmatory
evidences. This fact is directly dependent on every case to case basis as the facts of each case
stands unique, but why forensic evidence is accepted as corroborating or circumstantial
evidence is that there was no eyewitness at the time of the incident and therefore they accepted
the incident as natural evidence.
One of the most important legal issues is the "Right against Self-Incrimination," which is
guaranteed by "Article 20(3)" of the Indian Constitution9 and forbids an accused person from
testifying against himself or herself in criminal situations. The fundamental right guaranteed
by Article 20(3) protects persons accused of crimes who are forced to testify against themselves
from testimonial pressure. The protection is offered not only for evidence submitted in a court
trial, but also for evidence given prior to the trial if the individual is charged at the time the
7
Modi, A Textbook of Medical Jurisprudence and Toxicology, 766, Lexis Nexis, 26th Edition
8
Jennifer L. Monookint, “The Courts and Future of Forensic Science”.
9
Constitution of India, 1950
Page: 5
Indian Journal of Law and Legal Research Volume V Issue III | ISSN: 2582-8878
statement is made. Article 20(3), on the other hand, only protects against self-incrimination
when compulsion is used, not when a voluntary statement, revelation, or production of a
document or other information is made.
False detector test , polytrophic tests, DNA tests shall only be conducted with consent, and the
same cannot be conducted by use of force.Art. 20 (3) is concerned with the principle against
self-crimination meaning “No one is accused of any the case will have to be a witness against
him”. “No one should be coerced into any of these techniques in criminal proceedings,
investigative or otherwise. To do so is an unjustified intrusion into personal liberty”.10
Third point to consider is the real evidential value. DNA is not regarded absolute proof, but
rather a professional opinion that can be used to support other evidence. According to the Indian
Evidence Act of 1872, expert opinion must be relevant and admissible. "An expert is someone
who has dedicated time and study to a specific field of expertise and is thus especially
knowledgeable on the topics on which he is asked to remark." There are no regulatory rules
establishing how much experience or qualification a person must have in order to be deemed
an expert.
Evidence presented by an expert is purely speculation and not factual evidence and is therefore
limited. For this reason, eyewitnesses or other witnesses of the truth preclude expert opinion.
This is because the evidence for the theories cannot be substantiated.
It has been accepted since long time that the knowledge of medicine and human body is a
matter of science and hence courts have treated expert medical opinion with respect. In spite
of that, a medical man cannot be allowed to give his opinion on the matters which are within
the province of the court to decide. Indeed it is expected of law courts that they would not
surrender their will, independence or judgment to an expert and would in all cases in which
evidence is adduced before it, after giving it such weight as they may think it deserves , make
up their own mind upon an issue in respect of which the expert testimony has been given.11
However, the value of the evidence for an expert opinion depends on the facts and
circumstances. For example, a medical professional's DNA report is extremely important in the
event of a dispute over the identity of a parent.
10
Selvi v. State of Karnataka, 2010(7) SCC 263.
11
Vinod Kumar v, State of Haryana , 1987 Cr LJ 1541.
Page: 6
Indian Journal of Law and Legal Research Volume V Issue III | ISSN: 2582-8878
Types of Forensic Evidences
1) DNA Analysis
One of the most reliable types of evidence in many criminal cases is our genetically engineered
DNA (deoxyribonucleic acid). The internationally accepted basic theory of DNA analysis is
that everyone (except the same twin) has some unique traits in their DNA (deoxyribonucleic
acid, which make up chromosomes).12 At each stage of human development, all cells forming
the body contain the same DNA- half from the father and half from the mother. This fact allows
the identification of the relationships.13
The technology of DNA is widely used in solving crimes in many ways. In instances where the
suspected individual’s identity is already in light, the DNA samples collected from that
individuals are directly used to link the with the samples collected at the site of occurrence.
This comparison can help determine whether the suspect committed the crime. On the other
hand where the suspected individual’s identity is still in dark and not confirmed, biological
pieces of evidences collected from the site after detailed study and comparing the same with
the samples available in the DNA region provides a greater aid in identification and
investigation. It is a established fact that only DNA evidences is not enough to bring conviction
on table, but DNA recording has become golden benchmark in scientific intelligence.
On the present day, researchers are able to find DNA profiles from skin cells from left over
when the culprit has touched the area. This enhanced sensitivity, combined with new data
analysis methods, allowed the researchers to identify and isolate more people from DNA in a
mixed sample. Identification of semen and linking the semen to the suspect is crucial in sexual
offences. The DNA profiling of semen provides the real proof for the definite identification
and linkage.
2) Semen Analysis
Sperm detection can be an important factor in confirming sexual abuse in rape cases. A large
number of cases found in the law lab involve sexual crimes, and that is how the case is built.
The investigation of offences involving semen needs delicate handling especially in rape and
12
B.R. Sharma, Scientific Criminal Investigation, 56, Lexix Nexis, 2nd Edition.
13
B.R. Sharma, Scientific Criminal Investigation 57, Lexix, Nexis, 2nd Edition.
Page: 7
Indian Journal of Law and Legal Research Volume V Issue III | ISSN: 2582-8878
child abuse cases. Semen is easily destroyed. The evidence therefore needs prompt collection
and preservation.14
Semen is a complex mixture of proteins, including blood group factors, choline, acid
phosphatase, uric acid, inorganic salts, etc. the composition varies from person to person and
with time, food and environment.15
It is important to check for signs of the presence of sperm spots. Microscopic sperm
examination is a confirmation test in forensic serology to determine if it is sperm or not.
Experiments performed by a specialist follow the rules and accordingly, tests are possible.
Collected samples are first sealed and sent to the intelligence lab. Sample slides are edited and
viewed under a microscope.
For forensic purposes, sperm formation can be easily reduced to two parts, seminal fluid, and
spermatozoa. Microscopically detecting spermatozoa is a complete indication that sperm are
present in the object. The discovery of sperm samples in cases of sexual abuse supports
accusations of sexual misconduct contact and indicates of DNA in the male source. The
techniques used should ideally be highly sensitive and clear, as well as fairly consistent with
standard DNA type procedures.
Semen (sperm suspended in semen) is rarely found in the oral, anorectal, and vaginal canals
six, twenty-four, and seventy-two hours after intercourse. The half-life in the vaginal cavity
varies with the age of the victim (before or after puberty) and can be much longer than 72 hours
if semen is localized in the cervix. In post pubertal girls, spermatozoa can remain mobile for
6-12 hours in vaginal secretions and up to 5 days in the cervix. Immobile spermatozoa can be
detected in the vaginal discharge spots between 12 and 48 hours after ejaculation. Due to the
absence of cervical mucus, the half-life of sperm in pre pubertal girls is quite short. Dry
preferences in clothes are fairly stable, so sperm can be discovered for more than a year.16
3) Hair Analysis
Humans, including the criminals shed hair all the time. Thus while committing crimes,
criminals leave hair at the scene, on the victim or on the articles which he comes in contact, on
victim. The hair is therefore almost ever present clues in almost all types of crimes. They are
14
B.R. Sharma, Scientific Criminal Investigation, 558, Lexis Nexis, 2nd Edition.
15
BR. Sharma, Scientific Criminal Investigation, 559, Lexis Nexis , 2nd Edition.
16
B.R.Sharma, Scientific Criminal Investigation, 559, Lexis Nexis 2nd edition.
Page: 8
Indian Journal of Law and Legal Research Volume V Issue III | ISSN: 2582-8878
tiny almost invisible. They need greater inputs and expertise to locate, collect and handle
them.17
The labs use microscopic and macroscopic tests to differentiate hair from fibers and their
specific sources, i.e. whether the material is of animal or human origin. After determining the
source of the hair, the strand is identified. If it is determined to be human hair, labs proceed to
determine the bodily origin of the hair strand, whether it came from the beard, genital area, or
chest.18
Many cases have recently been overturned due to unjust convictions based on hair analysis,
and it has become clear that while hair transfer may give connection evidence, blind reliance
on any or all hair strands may lead to misunderstanding, errors, and wrongdoings. As a result
of technological improvements, hair analysis has lost the value it formerly possessed and is no
longer chosen to secure convictions or as essential evidence in court.
4) Bite Marks Analysis
For more than fifty years, bite mark analysis has been used to establish a link between the
accused and the crime. Bite marks are more common in sex-related crimes, child abuse cases,
and crimes involving physical confrontation such as murder. The premise that each person's
dental structure is unique supports the identification of a suspect by matching teeth to a bite
mark found in a crime victim.19
Face, lips, breasts, shoulder, neck, thigh, genitals, and testicles are commonly involved in
sexual assaults. In linking crime, the anatomical position of the bite mark is always crucial. It
is also critical to distinguish between attack injuries and defensive wounds. Bite marks with
two separate arches are visible in the semi-circular injury. The bite mark will always be visible,
along with a bruise in the centre.
In this regard, bite mark comparisons follow the same logic as identifying a deceased
individual. Although the courts have acknowledged this premise, the application varies
significantly. Bite marks can never be used to exactly replicate the tooth features of the original.
17
B.R. Sharma, Scientific Criminal Investigation, 566, Lexis Nexis 2nd edition.
18
GM Roe,R.Cook & C North, “An evolution of An evolution of forensic hair examination”. JFSS 31, 59-65
1991.
19
Kavitha B, Einstein A, Sivapathasundharam B, Saraswathi TR. Limitations on forensic odontology. Forensic
Dental Journal vol 1
Page: 9
Indian Journal of Law and Legal Research Volume V Issue III | ISSN: 2582-8878
This is partly because bite marks usually contain a limited number of teeth.
5) Two Finger Test
The "two-finger test" or "virginity test" is performed under the mistaken belief that it can
establish if a survivor has had vaginal intercourse and thus the reliability of her sexual assault
account.
The two-finger test is a regressive and unscientific process that includes inserting two fingers
into a person's vagina to measure the suppleness of vaginal muscles and thereby assessing her
'virginity.' It is based on the patriarchal notion that a woman who is sexually active is less likely
to have been sexually abused. The "virginity test," also known as a "per-vaginum examination,"
is used to determine whether or not the hymen is present and whether or not the vaginal muscles
are loose.
The test, however, is unscientific because the hymen can rupture for reasons other than sexual
intercourse, such as playing sports, riding a bicycle, using tampons, and during medical
procedures. "However, many people feel that the lack or rupture of hymen indicates that the
woman was sexually active."
It makes no difference if a person has previously engaged in sexual actions in cases of sexual
assault. Second, there is no medical technique to determine whether a person is a sex habitual.
In cases of sexual violence, the hymen should be treated like any other component of the
genitals when documenting examination findings.20
With the judicial intervention this test has been held unethical but there are several instances
where a rape survivor is still subjected to such inhuman acts.
JUDICIAL TRENDS
“Raj Kumar vs State of Uttar Pradesh”21
The case concerns the rape and murder of a young girl by her neighbor. This incidence came
to light through brother of the deceased. The autopsy reports revealed that the girl was brutally
raped. The genetic analysis report confirmed the same, and the Supreme Court debated the
importance of DNA. The Supreme Court found that the DNA report played a key role in
20
Ministry of Health, Guidelines & Protocols,Medio-legal care for survivors/ victims of Sexual Violance,19th
March 2014.
21
(2014) 5 SCC353
Page: 10
Indian Journal of Law and Legal Research Volume V Issue III | ISSN: 2582-8878
identifying the alleged perpetrator of the rape of the young girl. It stated that with the use of
this modern techniques identification of suspects in the cases sexual is aiding in delivering
justice. “Santosh Kumar Singh vs State through CBI”22
Law student Priyadarshini was found raped and murdered in her home. When an autopsy was
performed during the investigation and subsequently samples were also sent for DNA analysis,
Hair, & to analyze bite mark. The autopsy report revealed that there was no committed.
However, a DNA test confirms the rape of the victim. Collected hair samples are also
genetically linked to the suspect. The Supreme Court has found that DNA evidence plays an
important role in identifying the actual wrongdoer among other factual evidence. In a rape and
murder case, if the rape is proven with DNA technology, the prosecutor can easily prove the
murder case against the accused without hesitation.
“Vijay Kumar alias Bhushan v. NCT of Delhi”23
This was the most recent in a long line of cases in India concerning the acceptability of hair
analysis. This case dealt thoroughly with all previous precedents and judgments of the Supreme
Court as well as other High Courts across India and laid down the law regarding hair analysis
after taking into account the book of medical jurisprudence as well.
The court concluded that medical jurisprudence can state microscopic study of the hair,
whether the hair is the same or different colours or sizes, and that the examination may help in
determining where the hair came from. It was also stated that while the science of hair
identification is quite advanced and it may be possible to determine the source, it would not be
safe to rely solely on the similarity of hair to convict an accused person; there must be some
other connecting evidence to link the accused person with the crime, although hair analysis
would be an important piece of evidence.
As a result of a detailed examination of the instances involving hair as evidence, it is possible
to conclude that, while hair strands constitute crucial evidence, utilising them as the criterion
for criminal conviction has flaws. Its usage in drug analysis and paternity cases remains valid,
but in criminal cases, standard operating procedures must be revised to allow hair to be the sole
criterion for conviction.
22
(2010) 9 SCC 747
23
2007(1) JCC 16
Page: 11
Indian Journal of Law and Legal Research Volume V Issue III | ISSN: 2582-8878
“Nirbhaya Case”24
The barbaric act of raping the victim in a bus in Delhi by 6 rapists on 16-12-2012.this judgment
acts as one of the turning point in the history of criminal law. The nature and conduct of the
rapists were inhumane that it revealed the most cruel side of human existence. The primary
analysis revealed that her internal organs were totally damaged. There were several bite marks
on her body, struggle marks were also visibly noted. DNA analysis and comparison of the
semen in the vaginal swab and blood samples of the accused identified all the 6 rapists.
“Lilu @ Rajesh and Anr v. State of Haryana”25
The court had questioned the validity of the two-finger test for medical examination of a sexual
abuse victim. In this case, rules are established for the doctor to follow when providing medical
attention to the victim. Supreme court has clearly stated that the right of rape victims for the
legal assistance does not mean they shall be forced to go through the same trauma again or
their mental health or physical wellbeing should be disturbed at any instances. Upholding their
integrity and dignity is the aim behind providing the right of legal aid. Medical help or aid
provided to the rape survivors shall also entitle them the right of consent. The procedures shall
not be conducted in a way that is brutal, dehumanising, or affecting the sanctity of human
values and with respect to gender based offences the top most priority should always be given
to health of the individual. Appropriate security measures should be implemented, and there
should be no arbitrary or unlawful interference with their privacy. Without a doubt, the Court
observed that the two-finger test and its perception violated the rights of rape survivors to
privacy, bodily and mental integrity, and dignity. As a result, despite whatsoever the outcome
of the test, this test can't imply a presumption of consent.
“State of Gujrat vs Kishanbhai”26
Due to major flaws in the investigation, the Sessions bench court, appellate authority, and
Apex Court had to grant the accused the benefit of the doubt in the instant case of rape and
murder of a 6-year-old kid.
The Court of Cassation, taking notes on the use of scientific research methods, stated that
significant progress has been made in scientific research, and concluded that scientific research
24
Mukesh & Anr. V. The state of NCT of Delhi & Ors,(2017) 6 SCC 1.
25
(2013) 14 SCC 643
26
(2014) 5 SCC108
Page: 12
Indian Journal of Law and Legal Research Volume V Issue III | ISSN: 2582-8878
would clearly reveal whether the accused was involved in the crime.
Also, DNA testing of the blood found on the knife used in the crime would clearly show
whether the knife was used to cut off victim Gomi's legs to remove her anklets. Despite
significant advances in forensic technology, the investigating agency made a serious mistake
in conducting a competent investigation to determine the guilt of accused Kishanbhai.
Justice in investigation precedes justice in trial. Scientific aid – especially, forensic tools,
increases transparency, fidelity and precision in the right delivery of justice of justice. Thus
ultimate goal in very investigation is always to find the truth and bring the criminals to justice.
“Ananth Kumar Naik v. The State of Andhra Pradesh”27
When determining the scope of Section 5328, The Court stated in this decision that
"examination of a person by a medical practitioner must logically include testing his blood,
sperm, urine, and other physiological fluids." The court further emphasised that Section 53 of
the statute permits the use of reasonable force in performing such an examination. As a result,
any hardship endured by an arrested individual during the collection of blood and sperm
samples would be justified under the provisions of Sections 53 and 54 of the Code.
“Manohar Lal Sharma v. Union of India”29
The combination of science and traditional criminal investigation tactics opens new frontiers
of efficiency in criminal investigation, reduces reliance on informants and probation
interrogation, and focuses on competent scanning of the crime scene to gather physical
evidence.
Even though the importance of forensic evidence is felt on a large scale the actual reality is
opposite to the ideal situation, there exists many loopholes during the time of investigation and
also at the stage of admissibility of evidences. The procedure of conducting the test also plays
a key role in establishing evidences. The court on several occasions restated the importance of
forensic evidences in establishing the sexual offences but real task is hidden in the process of
evidence collection and proper deduction of results. These are the areas which are acting fatal
to many of the cases and resulting in easy escape of devils in the human form.
27
1977 Cr LJ 1797.
28
Code of Criminal Procedure , 1973
29
(2014) 2SCC 532.
Page: 13
Indian Journal of Law and Legal Research Volume V Issue III | ISSN: 2582-8878
Conclusion
Evidences are critical in determining guilt in any ideal criminal justice system. Evidence is
used to establish beyond reasonable doubt that a said act has been committed or that a specific
individual only has committed the alleged act.To prove anything means to remove any doubt
about the truthfulness of the conclusion. The purpose of forensic evidence is to guide people
conducting criminal investigations and to offer evidence on which the courts can make
decisions. The significance of forensic evidence increases in cases of sexual offences such as
rape, unnatural offences, and penetrative sexual assault with a kid. However, there is still a
distinct approach, as these evidences are only handled as corroborative evidences.
As criminals are adopting new current sophisticated tactics in committing crimes, it is no longer
possible to solve the crime without using the new scientific approach. As a result, the
importance of forensic science is rapidly growing in today's world. With the help of forensic
science and its modern procedures, a mystery murder can be readily solved. With the passage
of time, the breadth of forensic science expands. There are several fields of forensic science
that are extremely useful in detecting, solving, and apprehending criminals. Forensic science
still need technological progress. It also necessitates the use of criminal case experts who can
safely collect evidence.
The gap between the value of forensic evidences and that of the other evidences can only be
met with the advancement of technology and its proper implementation. There is also need for
proper guidelines to be framed for the process of collection and investigation of such evidences
as the entire case depends on such evidences.
Page: 14
