DNA EXAMINATION OF ACCUSED OF RAPE CASES IS MUST UNDER SECTION 53 A OF Cr.P.C.

The Supreme Court while disposing an appeal observed that “Now, after the incorporation of Section 53 (A) in the Criminal Procedure Code, w.e.f. 23.06.2006, brought to our notice by learned counsel for the Respondent-State, it has become necessary for the prosecution to go in for DNA test in such type of cases, facilitating the prosecution to prove its case against the accused. Prior to 2006, even without the aforesaid specific provision in the Cr.P.C. prosecution could have still resorted to this procedure of getting the DNA test or analysis and matching of semen of the Appellant with that found on the undergarments of the prosecutrix to make it a fool proof case, but they did not do so, thus they must face the consequences.”

 However not conducting DNA test of accused not necessarily result in the failure of prosecution case. ( Krishna Kumar Malik vs State of Haryana, (2011) 7 SCC 130)