Criminal Law : FSL Reports and Its Role in Criminal Cases Involving Murder
In a recent case, role of FSL report was brought forth. The case was related to S.302 of IPC.
In this case, it was noted that the case "is not a case of direct evidence." In this case, it was alleged that on thumb of the present accused/applicant, one bite mark was detected and the same was found to contain saliva of the deceased, which connects him with aggressive sex that led to death of the deceased. CCTV footage depicting the four accused persons carrying away dead body of the deceased in a bag.
As regards circumstantial evidence also, there is no witness who had seen the deceased last alive with any of the accused persons. Even according to prosecution case, the alleged sexual activity between the deceased and the four accused persons took place inside the room. That being so, the possible evidence connecting the accused/applicant with the so called aggressive sex, could have been obtained through forensic examination. But, according to FSL, no sexual activity was detected on examination of the dead body.
In other words, even if prosecution version is assumed to be correct to the effect that the accused persons engaged services of the deceased for sex and one of them carried out aggressive sex, which turned fatal for the deceased, it cannot be said as to which of the four accused persons was responsible for that.
Merely because of the deceased’s bite mark on thumb of the present accused/applicant, it cannot be said that it is the accused/applicant only who carried out the aggressive sex, which turned out to be fatal.
Accused was held entitled to bail.
Citation : Ram Nath v. State NCTD [2026] GCtR 361 (Delhi)
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