Result of DNA Test is scientifically accurate and
can be relied upon to determine paternity of a
child.
HIGH COURT OF CHHATTISGARH AT BILASPUR
(SINGLE BENCH:HON'BLE SHRI JUSTICE SANJAY K. AGRAWAL)
Criminal Revision No. 483 of 2012
: Dwarika Halba
VERSUS
: Smt. Savitri Bai & another
(Passed on 19.08.2014)
Feeling aggrieved and dissatisfied with the order
dated 11.04.2012, passed by Additional Principal
Judge,
Family
Court,
Balod,
District
Durg,
in
Misc. Criminal Case No. 83/2010, instant criminal
revision
has
been
preferred
by
the
petitioner/husband against the respondents [wife
and daughter Ku. Durgeshwari].
2.
The
core
facts
necessary
for
disposal
of
this
revision are as under-
2.1 That
the
application
respondents
under
herein
Section
jointly
125
Cr.P.C
filed
an
seeking
maintenance stating inter alia that petitioner had
forcefully committed sexual intercourse with her
and on that account, she became pregnant and gave
birth
to
a
female
No.2/Durgeshwari
child
herein.
It
i.e.
was
respondent
further
alleged
that offence under Section 376, 506 IPC was also
registered against the petitioner in which he was
acquitted by the competent criminal court.
2.2 The
Petitioner
replied
the
said
application
stating inter-alia that he is not the father of
respondent No.2 by disputing his paternity, and
pleaded that he was falsely implicated in that
criminal case and he has rightly been acquitted by
the said court.
2.3 The
family
court
by
its
order
impugned
dated
rejected the application for maintenance so far as
respondent No. 1 is concerned finding inter alia
that marriage
No. 1
is
between
not
petitioner
established.
and
respondent
However,
granted
maintenance of Rs. 2000/-per month to respondent
No. 2 holding that she is illegitimate girl child
of the petitioner.
Against this order, instant
revision has been preferred.
3.
Shri P.P. Sahu, learned counsel appearing for the
petitioner would submit that respondent No. 2 is
not his daughter. He would further submit that DNA
test conducted upon the order of the Family Court
and the opinion based on DNA profiling holding
that the respondent No. 2 is illegitimate girl
child, is not scientifically accurate, cannot be
relied upon to make him liable for maintenance
therefore, the order impugned be set aside.
4.
I
have
heard
petitioner
the
and
counsel
perused
appearing
the
order
for
the
impugned
carefully.
5.
The DNA stands for deoxyribonucleic acid, which is
the biological blueprint of every life.
DNA is
made-up of a double standard structure consisting
of
a
deoxyribose
cross-linked
with
sugar and
two types
phosphate
of
backbone,
nucleic
acids
referred to as adenine and guanine, purines and
thymine
and
important
cytosine
role
identification,
of
such
pyrimidines.
DNA
as
profile
an
The
is
individual
most
in the
and his
blood relations such as mother, father, brother,
as so on.
Successful identification of skeleton
remains can also be performed by DNA profiling.
DNA usually can be obtained from any biological
material such as blood, semen, saliva, hair, skin,
bones etc.
The question as to whether DNA tests
are virtually infallible may be a moot question,
but the fact remains that such test has come to
stay
and
is
investigation
being
of
used
crimes
extensively
and
the
in
Court
the
often
accepts the views of the experts, especially when
cases rest on circumstantial evidence. [Please See
para-34 of the judgment of the Supreme Court in
case of Dharam Deo Yadav Vs. State of U.P.1]
6.
In the Supreme Court in case of Kamti Devi v.
Poshi Ram2 has said with regard to accuracy of DNA
test as under:-
“10.......The result of a genuine DNA test is
said to be scientifically accurate. But even
that is not enough to escape from the
conclusiveness of Section 112 of the Act e.g.
if a husband and wife were living together
during the time of conception but the DNA
test revealed that the child was not born to
the husband, the conclusiveness in law would
remain irrebuttable. This may look hard from
the point of view of the husband who would be
compelled to bear the fatherhood of a child
of which he may be innocent.
But even in
such a case the law leans in favour of the
innocent child from being bastardised if his
mother and her spouse were living together
during the time of conception.”
7.
Very recently in case of Nandlal Wasudeo Badwalk
v. Lata Nandlal Badwalk and another3 the Supreme
Court has considered the meaning of DNA test and
its ultimate accuracy and held that result of the
1
2014(4) Scale 730
(2001) 5 SCC 311
3
(2014) 2 SCC 576
2
DNA test is scientifically accurate in following
words:-
“13.............All living beings are composed of
cells which are the smallest and basic unit
of life. An average human body has trillions
of
cells
of
different
sizes.
DNA
(Deoxyribonucleic Acid), which is found in
the chromosomes of the cells of living
beings, is the blueprint of an individual.
Human cells contain 46 chromosomes and those
46 chromosomes contain a total of six billion
base pairs in 46 duplex threads of DNA. DNA
consists of four nitrogenous bases – adenine,
thymine, cytosine, guanine and phosphoric
acid arranged in a regular structure.
When
two unrelated people possessing the same DNA
pattern have been compared, the chances of
complete similarity are 1 in 30 billion to
300
billion.
Given
that
the
Earth’s
population is about 5 billion, this test
shall have accurate result.
It has been
recognized by this Court in Kamti Devi that
the
result
of
a
genuine
DNA
test
is
scientifically accurate. It is nobody’s case
that the result of the DNA test is not
genuine and, therefore, we have to proceed on
an assumption that the result of the DNA test
is accurate. The DNA test reports show that
the appellant is not the biological father of
the girl child.”
8.
Again in the later part of the aforesaid judgement
Nandlal Wasudeo Badwalk (supra) their Lordships of
the Supreme Court considered the accuracy of the
DNA test qua presumption of conclusive proof of
legitimacy of the child under Section 112 of the
Indian
Evidence
Act
and
held
that
in
case
of
conflict between conclusive proof provided under
Section 112 of the Indian Evidence Act and proof
based
on
scientific
advancement,
later
has
to
prevail
over
the
former.
The
report
states
as
under:-
“17............Where
there
is
evidence
to
the
contrary, the presumption is rebuttable and
must yield to proof. The interest of justice
is best served by ascertaining the truth and
the court should be furnished with the best
available science and may not be left to bank
upon presumptions, unless science has no
answer to the facts in issue.
In our
opinion, when there is a conflict between a
conclusive proof envisaged under law and a
proof
based
on
scientific
advancement
accepted by the world community to be
correct, the latter must prevail over the
former.”
9.
From the aforesaid enunciation of law it is quite
vivid
that
result
of
the
DNA
test
is
scientifically accurate and can be safely relied
upon
to
determine
the
paternity
of
the
child.
Turning back to the facts of the case in hand it
is apparent that blood sample of the parties and
respondent
No.2
was
sent
for
DNA
test
to
the
laboratory concerned and report of the DNA test
has been filed and Exhibited as Article A-1 and in
said
report
it
has
been
held
that
the
present
petitioner is biological father of the respondent
No.2.
acted
The learned Family Court has relied and
upon
scientific
the
said
analysis
DNA
which
test
report
clearly
based
suggests
on
that
the petitioner is the biological father of the
respondent No.2.
In the considered opinion of
this Court the order of the Family Court holding
the petitioner as the biological father of the
respondent No.2 based on DNA test report which is
scientifically
illegality
in
accurate,
granting
has
not
monthly
committed any
allowance for
maintenance to the respondent No.2 and as such the
revision petition deserves to be dismissed.
10. In the result, the criminal revision being sans
substratum
is
dismissed
at
the
admission
stage
without notice to the other side.
Judge
inder
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