Allahabad High CourtCriminal Procedure and EvidenceCriminal Law

Investigative Lapses or Trial Stages Cannot Preclude DNA Testing and Expert Analysis Essential for Effective Adjudication

Urmila Yadavv.State of U.P. and Another

Investigative Lapses or Trial Stages Cannot Preclude DNA Testing and Expert Analysis Essential for Effective Adjudication. Urmila Yadav vs State of U.P. and Another. Allahabad High Court. LawLens
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In brief

The question

1. Whether the trial court erred in allowing the examination of a disputed letter by a handwriting expert under Section 311 Cr.P.C. after the prosecutrix denied its authorship

The court held

The High Court dismissed the challenge to the order allowing the handwriting expert, holding that the trial court provided valid reasons to ensure a fair trial

It also directed

The Court allowed the application for the DNA test, setting aside the order dated 25.8.2022, and directed the accused to provide samples as required by the trial court

Application U/S 528 BNSS No. 12417 of 2025 is dismissed

Application U/S 482 No. 42067 of 2022 is allowed

Criminal Revision No. 1738 of 2021 is dismissed as withdrawn

01Facts

The petitioner (prosecutrix) filed an F.I.R. alleging that the accused (Opposite Party No. 2) committed rape by force on 27.9.2015 and subsequently forced an abortion on 29.7.2016

p. 1

She further alleged that continued forcible physical relations, maintained through threats and obscene videos, resulted in a second pregnancy and the birth of a daughter

p. 1

Following the investigation, a charge sheet was filed only against the accused, exonerating his relatives

p. 2

During the trial, the accused moved an application under Section 311 Cr.P.C. to have a letter—purportedly written by the prosecutrix but denied by her during cross-examination—analyzed by a handwriting expert to prove consent

p. 2

The trial court allowed this on 23.10.2024

p. 1

Conversely, the trial court dismissed the prosecutrix's application for a DNA test between the accused and her daughter on 25.8.2022, citing the advanced stage of the trial and the Investigating Officer’s failure to conduct such a test during investigation

pp. 2-3

The petitioner also sought the summoning of additional accused under Section 319 Cr.P.C., which was dismissed on 22.3.2021

p. 1

02Issues

i.1. Whether the trial court erred in allowing the examination of a disputed letter by a handwriting expert under Section 311 Cr.P.C. after the prosecutrix denied its authorship

p. 2

ii.2. Whether the dismissal of the application for a DNA paternity test on grounds of trial delay and investigative omission was legally sustainable

pp. 2-3

iii.3. Whether the additional accused should be summoned under Section 319 Cr.P.C.

p. 1

03Law Applied

The Court applied Section 311 of the Cr.P.C. (corresponding to Section 348 of the BNSS), which empowers the court to summon material witnesses or examine documents essential to a "just decision of the case"

p. 3

It further relied on the constitutional right to a "fair trial," which includes the accused’s right to rebut prosecution evidence to prove consent in rape cases

p. 3

The Court also exercised inherent powers under Section 528 BNSS (formerly Section 482 Cr.P.C.) to ensure that crucial pieces of evidence, such as DNA reports, are not excluded based on procedural delays or investigative lapses

p. 3

Provisions in the judgment · 7 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528

Code of Criminal Procedure, 1973 Section 311Section 319Section 482

Indian Penal Code, 1860 Section 313Section 376Section 506

04Reasoning

Regarding the handwriting expert, the Court reasoned that while the prosecutrix denied authorship of the letter, the accused’s defense hinges on proving consent

p. 3

Excluding expert analysis of a document that could potentially establish consent would deprive the accused of a fair trial and hinder "effective and proper adjudication"

p. 3

Regarding the DNA test, the Court found the trial court's reasoning—that the trial was at an "advanced stage" or that the Investigating Officer had failed to perform the test—to be insufficient grounds for rejection

p. 3

The Court determined that a DNA report constitutes a "crucial piece of evidence" with a "direct bearing" on the prosecution’s allegations of paternity resulting from the alleged crime

p. 3

Consequently, the scientific determination of paternity is essential to the truth-seeking process of the trial

p. 3

05Holding

The High Court dismissed the challenge to the order allowing the handwriting expert, holding that the trial court provided valid reasons to ensure a fair trial

p. 3

The Court allowed the application for the DNA test, setting aside the order dated 25.8.2022, and directed the accused to provide samples as required by the trial court

p. 3

Application U/S 528 BNSS No. 12417 of 2025 is dismissed

p. 4

Application U/S 482 No. 42067 of 2022 is allowed

p. 4

Criminal Revision No. 1738 of 2021 is dismissed as withdrawn

p. 4
Allahabad High Court

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Urmila YadavvsState of U.P. and Another

Allahabad High Court · April 02, 2026

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