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Abstract

A Jot of Blood Sends Constable behind the Bars - Justice by DNA Profiling

It is difficult to identify a criminal just by examining the trace of blood on crime site and the garments. In sexual offences, specifically semen on victim’s clothes or biological samples proves involvement of accused in the crime. But in some cases where contraceptive devices are used or semen stains are not detected during investigation, the victim’s blood or body fluid on the accused’s garments helps to prove the crime. It is difficult to prove the evidence by routine ABO grouping in most of the cases because of the less quantity of blood. Further, discrimination power of ABO Blood group system is less. Here, DNA profiling technique has created wonders from the time it has been invented. Once the DNA technique proves involvement of the accused, there is provision of ‘Protection of Children from Sexual Offences ’ (POCSO) Act 2012 in the court to effectively address the heinous crimes. Also, there is provision of Atrocity Act to provide justice to SC/ST communities in order to enable them to live in the society with dignity without suppression from the dominant castes. In the instant case, a girl aged 11, promising to drop to the school on motor cycle was raped by Police Constable aged 41. Just 2 cm blood stain was found on his undergarment and few blood stains were found on his handkerchief at the crime scene. As the DNA profiling proved his involvement in the crime, Hon ’ ble court convicted him with rigorous imprisonment for 10 years and to pay a fine of Rs. 2000/- under the provision of POCSO Act and Atrocity Act.


Author(s):

Vaishali B. Mahajan, Anjali P. Kharade, Deepak Y. Kudekar, Bhausaheb P. More, Krishna V. Kulkarni



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