CHAPTER 1

1.1 BACKGROUND
 DNA (deoxyribonucleic acid) is the genetic material of living organisms. In humans, DNA
is found in almost all the cells of the body and provides the instructions they need to grow,
function, and respond to their environment. When a cell of the body divides, it will pass on a
copy of its DNA to each of its daughter cells. We humans have a set of chromosomes that are
composed of 46 chromosomes located inside in a somatic cell, which is the typical cell of
the body. By the way, each species in the world possesses a unique characteristic of how
many chromosomes contained in the cell. DNA decides the characteristics of the person such
as the color of the skin, type of hair, nails and so on. Using this genetic fingerprinting
identification of an individual is done like in the traditional method of identifying
fingerprints of offenders. The identification is hundred percent precise, experts opine. 1
Basically every part of the body is made up of tiny cells and each contains a sample or
compliment of DNA identical to that of every other cell within a given person. 2 In all over
the world every person’s identity can be traced by the molecular level on the basis of
extremely high level of polymorphism in the sequence of his/her DNA.3

Increasingly, prosecutors and police investigators rely on DNA evidence to catch catch

criminal culprits. Based on a biological sample collected at the scene of a crime--such as a
drop of blood or a strand of hair--forensic specialists can examine the DNA and compare it to
the DNA of a suspect in the crime. The key to DNA testing is the idea that that no two people
share the same DNA. Thus, if law enforcement can match the DNA of a criminal suspect to
DNA gathered at the scene of a crime, they have evidence that the criminal suspect was

1
B.R Sharma, Forensic Science in Criminal Investigation & Trials, Universal Law Publishing Co. Pvt. Ltd., 2005, p. 52.
2
D.K.Ganguly & V.K. Chaudhri, Medical Jurisprudence and Toxicology, Dwivedi Law Agency, Allahbad, 2008, p. 107.
3
Deepakratan I.P.S & Mohd.H.Zaidi, Forensic Science In India and The World, Alia Law Agency, Lucknow, 2008, p.
105.

1
 present. For this reason, DNA evidence offers compelling information as to whether a
suspect is associated with a crime.4

1.2 RESEARCH PROBLEM:

What is the trend for acceptance of DNA as evidence in the Nepalese Supreme Court?

1.3 OBJECTIVE OF THE PAPER:

The objectives of this paper are:

a) To study about DNA as a forensic evidence.

b) To find out the use of DNA evidence in the judgments of the Supreme Court of
Nepal.

1.4 LIMITATIONS:

This paper limits the study area within the context of DNA as evidence and has studied
judgments of the court using DNA as evidence.

1.5 METHODOLOGY:

For the research, researcher had desk study and internet surfing for the relevant literature and
information available on DNA perceived as evidence reviewed from various reports articles,
and books. The researcher has selected 5 cases randomly that deals with the DNA evidence
and that were published in NKP.

1.6 ORGANIZATION OF STUDY:-

The first chapter deals with the Background, objective, research problem, limitations, and
methodology.

4
Supreme Judicial Court Issues Important Ruling on the Use of DNA Evidence, Molari Law Insights, Edward R. Molari available
at https://www.molarilaw.com/blog/supreme-judicial-court-issues-important-ruling-use-dna-evidence accessed on 21
July 2021.

2
The second chapter deals with Introduction to DNA, DNA Examination. The third chapter
deals with Judicial Trend about application of DNA evidence. The final Chapter deals with
analysis, conclusion and bibliography.

3
 CHAPTER 2

2.1 INTRODUCTION TO DNA:

DNA, or deoxyribonucleic acid, is the hereditary material in humans and almost all other
organisms. Nearly every cell in a person’s body has the same DNA. Most DNA is located in
the cell nucleus (where it is called nuclear DNA), but a small amount of DNA can also be
found in the mitochondria (where it is called mitochondrial DNA or mtDNA). Deoxyribo
Nucleic Acid (DNA) is the basis genetic material in all the living cells present in the white
corpuscles of the human body. Hence, the DNA structure determines human character,
behaviors and body characteristics.5 DNA carries the genetic code. Only one-tenth of a single
percent of DNA (about 3 million bases) differs from one person to the next. 6 The DNA is
described as the information tape which encodes the messages for all the vital activities and
transmits them from one generation to the next. DNA test is the cry of the day and globe. It is
one of the most promising medical science and technology achievements that is a recent
addition to Forensic Science.7 DNA typing was largely based on well-accepted techniques
such as firearms identification, and bite-mark comparisons. Just as one person’s fingerprints
are different from everyone else’s and can be used for identification, so a small section of the
DNA of an organism uniquely distinguishes that particular organism from all others.8

For analyzing DNA, the general procedure includes: 9

1) the isolation of the DNA from an evidence sample containing DNA of unknown
origin, and generally at a later time, the isolation of DNA from a sample (e.g., blood)
from a known individual;
2) the processing of the DNA so that test results may be obtained;

5
B.R. Sharma, Forensic science in criminal investigation and trials, Universal law publishing co. pvt. Ltd, 2010, p.
1123.
6
‘DNA Evidences Basics’ National Insitute of Justice, available at
http://nij.gov/topics/forensics/evidence/dna/basics/pages/welcome.aspx, accessed on 21 July 2021.
7
Vinod Nijhawan, Medical Science Helping the Process of Criminal Law, Vinod Publications (P) Ltd., 2008, p. 631.
8
Deepakratan n(3), p 365.
9
‘DNA Evidence: Basics of Analyzing’, National Insitute of Justice, available at
http://nij.gov/topics/forensics/evidence/dna/basics/pages/analyzing.aspx, accessed on 21 July 2021.

4
 3) the determination of the DNA test results (or types), from specific regions of the
DNA; and
4) the comparison and interpretation of the test results from the unknown and known
samples to determine whether the known individual is not the source of the DNA or is
included as a possible source of the DNA.

This concept, the one that states that DNA is a genetic material and transmits genetic
information from one generation to the next, has been supported by two sets of experiments.
They are :
1) An experiment conducted on bacteria (Bacterial transformation) by Griffith.
2) An experiment conducted on viruses by Hershey and Chase . The concept, that DNA is a
genetic material and it transmit genetic information, has been supported by the evidence
known bacterial transformation. The bacterial transformation experiment has been performed
by a British doctor Frederick Griffith in 1928 to provide the first evidence that DNA is the
hereditary material.10 A single DNA molecule may have millions of such links; genetic
information is carried on segments of a molecule, called a gene, separated by lengths of DNA
which appear to have no function.11
2.2 DNA EXAMINATION:
DNA examination holds a significant importance in the forensic evidence. In Nepal, the
paternity issue had always been solved through the statement of the mother. It was believed
that the determination of paternity is based on presumption and it relies on the statement of
mother.12 The determination of maternity is easy but the paternity of child is not based on such
factual evidence. Parental testing is the use of genetic fingerprinting to determine whether two
individuals have a biological parent-child relationship. Paternity may be of importance in
issues such as divorce, where the apparent father denies paternity, this therefore being proof of
adultery. More commonly it is the mother who is trying to establish the paternity of the man, in
order to obtain financial support for the upbringing of the child. This is the usual reason for
paternity testing.

10
Keshari & Adhikari, A text book of higher secondary Biology, Vidyarthi pustak bhandar, 2001, p. 167.
11
Bernard Knight, Lawyer’s guide to forensic medicine, Lawman (India) pvt ltd, 1998, p. 96, 97.
12
Bacchi Devi v. Kabindra Bahadur, NKP 2034, p. 138; Dayanidhi Golne v. Mangal Kumari, NKP 2042, p. 262.

5
         For example, assume that a man was convicted of sexual assault.  At the time of his conviction,
he was required to provide a sample of his DNA, and the resulting DNA profile was entered
into a DNA database.  Several years later, another sexual assault was committed.  A Sexual
Assault Nurse Examiner worked with the victim and was able to obtain biological evidence
from the rape.  This evidence was analyzed, the resulting profile was run against a DNA
database, and a match was made to the man’s DNA profile.  He was apprehended, tried, and
sentenced for his second crime. .

In the late 1980s, the federal government laid the groundwork for a system of national, state,
and local DNA databases for the storage and exchange of DNA profiles.  This system, called
the Combined DNA Index System (CODIS), maintains DNA profiles obtained under the
federal, state, and local systems in a set of databases that are available to law enforcement
agencies across the country for law enforcement purposes.  CODIS can compare crime scene
evidence to a database of DNA profiles obtained from convicted offenders.  CODIS can also
link DNA evidence obtained from different crime scenes, thereby identifying serial
criminals.13 

The principle of Uniqueness holds strong basis as the chances of DNA profiling differs with
the individuals. The DNA profiling permits the identification of the individual not only from
the comparison of his/her own biological material containing body cells inter se, but the
identification of his/her body materials can also be made from the body cells of his/her blood
relatives like parents, sons, daughters, brothers, sisters.14 It helps to find out the identity of the
individuals in case the bodies are found in unidentified state.

Nepal didn’t have any particular law relating to DNA identification and its evidential value.
But due to the recent decision of the Supreme Court, the importance of DNA has been realized
which the paper will be dealing throughout. However, the State Cases Act, 2049 BS (1992
AD) have enshrined certain important legal provisions in the Act for the collection of the
physical evidences including DNA which can be summarized as:

13
"Using DNA to solve the Crimes’, The United States Department of Justice, available at
http://www.justice.gov/ag/advancing-justice-through-dna-technology-using-dna-solve-crimes, accessed on 17 June 2021.
14
Keshari, n(10), p 123-124.

6
 1) The information of crime, criminals and the physical evidence related to any crime
must be given to the nearest police station.15

2) Collection of physical evidences like finger prints and foot prints found in the SoC16.

3) The police can search and seize physical evidence from any place or persons if there
are reasonable grounds to believe that the evidences are related to any crime under
investigation.17

4) In any doubtful cases of death investigation, the police officer must send the dead
body for post mortem examination.18

5) If the police officers think that the dead body has already been decomposed and is
unfit for scientific examination, the police officer can dispose the dead body.19

6) If the investigation officer thinks that examination of blood, semen, or any part of the
body of the suspect is likely to produce evidence relevant to crime in question. S/he
may examine the suspect through the doctor, or an expert in a laboratory or cause
such things to be examined in a laboratory. 20

7) The investigating officer may consult with the expert regarding the case on progress.21

8) Medical examination of the accused prior to custody and while presenting him in the
courts.22

9) The police officer after conducting a thorough investigation of the crime must prepare
the case report/opinion. Thereafter it must be forwarded to the prosecutor regarding
the involvement of the suspect in the crime along with all the physical evidences
collected thereon.23

15
State Cases Act, Nepal, 1992 (Sarkari Mudda Sambandhi Ain, 2049 BS), s 3.
16
State Cases Act, Nepal, 1992 (Sarkari Mudda Sambandhi Ain, 2049 BS), s 7.
17
State Cases Act, Nepal, 1992 (Sarkari Mudda Sambandhi Ain, 2049 BS), s 10.
18
State Cases Act, Nepal, 1992 (Sarkari Mudda Sambandhi Ain, 2049 BS), s 11(3).
19
State Cases Act, Nepal, 1992 (Sarkari Mudda Sambandhi Ain, 2049 BS), s 11(4).
20
State Cases Act, Nepal, 1992 (Sarkari Mudda Sambandhi Ain, 2049 BS), s 12.
21
State Cases Act, Nepal, 1992 (Sarkari Mudda Sambandhi Ain, 2049 BS), s 13.
22
State Cases Act, Nepal, 1992 (Sarkari Mudda Sambandhi Ain, 2049 BS), s 15(3).
23
State Cases Act, Nepal, 1992 (Sarkari Mudda Sambandhi Ain, 2049 BS), s 17.

7
 10) On the basis of cases report of crime investigation and the evidences submitted by the
police the prosecutor determines whether to frame the charge or not.24

The legal provision supports the DNA examination as one of the main and important
evidence in the seeking of the administration of justice and following the incident, these legal
provisions ensures the medical importance of the DNA.

CHAPTER 3

APPLICATION OF DNA EVIDENCE IN NEPAL

24
State Cases Act, Nepal, 1992 (Sarkari Mudda Sambandhi Ain, 2049 BS), s 18.

8
3.1 JUDICIAL TREND OVER THE APPLICATION OF DNA EVIDENCE IN NEPAL

A. Rakesh Kumar Singh v Nepal Government on behalf of Himali Gole25

Fact of the Case: The victim Himali Gole filed the case of rape accusing Assistant Sub-
Inspector Rakesh Kumar Singh, stating that he raped her while interrogating her concerning
the hide-out of Maoists. But the defendant denied in the commission of the rape. The medical
examination report of the victim indicated that the sexual activity was committed. Also the
semen found in the petikot of the victim and controlled sample of defendant was sent for DNA
test in Calcultta through Central Police Forensic Science Laboratory, whose report mentioned
that the semen was originated from the defendant. The District Court held Rakesh Kumar
Singh guilty of raping the victim and sentenced him. The Appellate Court upheld the decision
of District Court. But the defendant later appealed in the Supreme Court that the decision of
Appellate Court was against the DNA report which mentioned that the cotton swab do not
match with the allelic pattern of amplified DNA of the blood sample said to be of suspect and
of the blood sample said to be of Miss Hemali Gole. Therefore, in this case, two DNA tests,
different from each other, were performed.
Decision of the Court: The Supreme Court held that Rakesh Kumar Singh is convicted on the
basis of the testimony of the victim and other circumstantial evidences. The court interpreted
the jurisprudence of rape, custodial rape, while giving the verdict but has not opined regarding
DNA test.
Analysis: This is the very first case, in which DNA tests was performed in criminal case for
identification of accused. But as it is seen from the details provided in the NKP that two DNA
tests were conducted with different result, the court mostly dealt with the medical examination
report of accused and victim, along with the jurisprudence of rape. The court gave less
importance to DNA testing.

B. Tek Bahadur Thapa v. Indira Thapa Adhikari26

25
NKP 2064, p. 86.
26
NKP 2066, D. No.8272, p. 1918.

9
 Fact of the case:Indira Thapa Adhikari and Tek Bahadur Thapa got married at Manakamana
temple. Indira was the second wife of Tek. From their conjugal relationship, a son named
Mohan Bikram Thapa was born. After some time, the husband abandoned wife Indira and his
son. Hence, Indira claimed for partition of property from husband Tek. But the defendant
denied Indira to be his wife and that they had a son together. The defendant appealed the court
to conduct DNA test to prove or disprove the paternity of the child.
Decision of the Court: The Supreme Court accepted the decision made by the Appellate
Court, which was taken in confirmation with the decision of the District Court, that the
plaintiff is entitled to the partition of property. The court put forward the precedent that if there
is no dispute as to the relationship on the basis of other evidences, it is not necessary to have
DNA test. Once the defendant has accepted the plaintiff as his wife in the case of Mana
Chamal, it will be injustice if DNA test order is given directly affecting the final decision of
that case. In the situation, when the dispute of relationship remains even with the objective
evidences or there is doubt regarding presented evidences, DNA test can be done and draw the
conclusion
Analysis: In this case, the court relied on the statement of plaintiff regarding relation, photos
of plaintiff and defendant clicked together, birth certificate of the son (in which the father
name was written in initials as T.B. Thapa), and the acceptance of defendant that plaintiff is his
wife in another case of Mana Chamal, decided by the Appellate Court. The court opined that it
cannot be said the legitimacy of the DNA test should be undeniable, if the dispute of
relationship remains from other evidences. Here, the court has given priority to other evidences
to prove or disprove of relationship or paternity. The court states that the order of DNA test
should not be done as it will directly affect the final decision made in another case. In the
present situation when postconviction DNA test is being widely accepted, how reasonable is
this to deny DNA test even when final decision has been made in another case. Apart from
this, the court points out that when paternity is proved from other evidences, it is not necessary
to have DNA test.

C. Devi Gurung on behalf of Rajiv Gurung v. Nita Gurung27

27
Rajiv Gurung’s Case n (85).

10
 Fact of the Case: Nita Gurung begotten a son, named Rabin from Rajiv Gurung. But Rajiv
married another woman. Rajiv and his family did not accept Nita and her son. Therefore, Nita
filed the petition for establishment of relationship between Nita and Rajiv and paternity
between her son and Rajiv. But the defendant denied having any relation with Nita and her
son. The District Court established the relation between them as per the petition claim. The
Appellate Court also upheld the decision of the District Court.The defendant stood in their
contention that there is no relation between Nita, Rajiv and her son, and appealed to Supreme
Court to conduct DNA test. Considering the nature of the case, the court ordered for DNA test
to prove or disprove the paternity.
Decision of the court: The court dealt with the four questions to be decided and gave its
decision. But the important question was, whether relation is to be established as per the
plaintiffs claim or not? And whether the DNA test report in this case, is admissible or not? The
Supreme Court upheld the decision made by the District Court and Appellate Court regarding
establishment of relationship. And the court held that in this case DNA test report cannot be
admissible, as there may be possibility of tampering samples while collecting it. Also the court
ordered to draft Act relating to DNA.
Analysis: This case is considered as a landmark in the history of application of DNA evidence
in Nepal. As this case briefly discussed about the admissibility of DNA evidence and issued
directive orders for drafting of DNA Identification and Evidence Act in Nepal. This case
highlighted the need of a specific law regarding application of DNA evidence in Nepal.
As the procedures of the court were not followed properly by the defendants from start of the
trial, the court believed that it is not necessary to re-order the DNA test. The court interpreted
that to ignore the claim of plaintiff and other witnesses will establish true Nita as a concubine
and that it will turn the legitimate child into illegitimate child, which this court could not
interpret. Therefore, the decision of trial court and appellate court to establish the relation of
husband and wife and father son is seen correct and valid. The court gave emphasis to the
statement of mother, on the basis that it did not contradict with other information and was
corroborated by the circumstantial evidences.
Intimate Sample- no doubt should be there as the Intimate Sample is of the same person. There
is no law relating to Sampling, Preserving, evidential and under which conditions it can be
done. The court made directive orders to Ministry on Law and Justice to draft DNA

11
 Identification & Evidence Act, which means, the laws relating to DNA and its evidential value,
use of DNA in criminal offences and application of DNA in paternity test. The law must be
made including the following matters:
1. Establishment of DNA Bank
2. Aims and Objectives of DNA Bank
3. Functions of DNA Bank
4. Authorized persons for DNA Bank
5. Whose Access should there be on the DNA profile?
6. Criteria’s for taking Samples
7. Refusing to give Samples
8. To provide or not provide samples by free consent.
9. Storage and Disposals of Sample
10. Tamper of DNA Sample
11. Confidentiality of the DNA Sample
12. Evidential Importance and Value of DNA

This case has created new standard in considering the DNA test as admissible or inadmissible
in the court.

D. Ratna Kumari Rai v. Man Vikram Rai28

Fact of the Case: This case was filed by the plaintiff for the establishment of relationship with
the defendant. The Supreme Court ordered for DNA test for establishing the relation between
the plaintiff and defendant. But the plaintiff remained absent.
Decision of the Court: The Supreme Court held that since the plaintiff remained absent and
did not undergo for DNA test, the Court presumed that the result of such DNA test if
conducted would have gone against the claim of plaintiff.
Analysis: In this case, the Court presumed that the reason behind the absence of the plaintiff
for DNA test was due to the fear of the plaintiff that the result would not be in favor of the
plaintiff, that is the result would be negative and it would prove that the plaintiff was not the
son of defendant. This case is based on the presumption of court.

28
SCB 2066, Year 18, Vol. 5, p. 12.

12
E. Chameli Khadka v. Netra Bhahadur khadka, Rabin Khadka v. Netra Bahadur Khadka 29
Fact of the Case: In this case, the defendants Chameli Khadka and Rabin Khadka were
accused of incest. The Court itself ordered for DNA test of the child Swastika Khadka for the
settlement of dispute to justice. The test was conducted to determine whether defendant Rabin
Khadka was the biological father of the child or not.
Decision of the Court: The Supreme Court held that since the defendants were within the 7th
Generation lineage having the relationship of sister-in-law (Bhauju) and brother-in-law
(Dewar) and as the DNA test of the child determined the defendant to be the biological father,
the defendants are guilty of the crime of incest. Therefore, they are liable for the punishment in
accordance to the Section 4 of Chapter on Incest of Muluki Ain, 2020 B.S.
Analysis: Under Nepalese law, the relation between sister-in-law and brother-inlaw is regarded
as crime of incest and punishable as per law. The court opined that for fair settlement of
dispute, the court itself can order for DNA test. The decision is not unfair only because the test
was conducted without the claim of the party. This means the court in the criminal cases, can
order for DNA test. The court has taken the sample of the child born for DNA test to examine
whether there had been any incest. The DNA test has played an important role in this case, for
criminalizing the offence of incest through the paternity testing of the parties involved in the
offence.

F. Tek Bahadur Sarki and others v. Bhakta Bahadur Sarki and others30
Fact of the Case: Plaintiff Bhim Bahadur Sarki claimed for property from defendant brother
Bhakta Bahadur Sarki. But the defendant denied the fact that Bhim Bahadur was his brother
and stated that he is not entitled to the property. The District Court established the relation of
29
SCB 2066, Year 18, Vol 20, p. 9.
30
SCB 2072, Year 24, Vol. 2, p. 36.

13
 brothers between them and held that the plaintiff was entitled to the property. The Appellate
Court on the other hand held against the verdict of the District Court. The plaintiff appealed to
the Supreme Court, then DNA test was done to determine the relation between the plaintiff and
the defendant.
Decision of the Court: The Supreme Court held that on the basis of the testimony of the
mother, statement of witnesses and the DNA testing report, the plaintiff and defendant were
not found to be brothers of same descent. In this condition, the court upheld the decision of
Appellate Court.
Analysis: Even though the mother testified in the interest of both plaintiff and defendant to be
brothers, the court gave importance to the DNA evidence to determine the sibling relationship.
When the question regarding the relationship of either parents or siblings, DNA test is applied
to determine such relationship, which can be seen from this case.

G. Jogendra Ahir and others v. Khadi Ahirni and others31

Fact of the Case: In this case, the plaintiff Khadi Ahirni claimed property from defendant ex-
husband Charanjit Ahir, claiming that Rajendra Ahir was the son of Charanjit. But the
defendant stated that the plaintiff was not in honest relationship with him and that Rajendra
was not his son as well. The Appellate Court established the relation between Charanjit Ahir,
Khadi Ahirni and Rajendra Ahir and held that the plaintiffs could inherit the property from the
defendant. But the defendant appealed to the Supreme Court. Then, the DNA test was
conducted between the plaintiff and defendant in order to determine the paternity of Rajendra
Ahir.
Decision of the Court: The Supreme Court held that on the basis of the statement of the
plaintiff’s daughters taken in accordance with the Section 23 (4) of the Evidence Act, 2031
B.S. and scientific examination technique DNA testing, Charanjit Ahir is not seen the
biological father of plaintiff Rajendra Ahir. Hence, the plaintiff’s claim for property cannot be
upheld. The court also opined that while establishing the fact concerning the relationship the
records of authorized institution is treated as supporting evidence but not the conclusive one.
Analysis: The court based its decision on DNA testing report supported with the expert
opinion. From this case, it can be seen that there is no doubt regarding reliability of DNA

31
SCB 2072, Year 24, Vol. 3, p. 4.

14
 evidence. The court clearly stated that on the basis of DNA test report, the relation is not
established between the plaintiff and the defendants. Also, the court has taken DNA as
conclusive evidence, than the records of authorized institution.

H. Shanta Kumari Pandeya (Pant) v. Chol Kumari Pandeya and others 32

Fact of the Case:Shanta Kumari Pandey claimed property from Bishwamitra Pandey for her
and her daughter. The District Court held the claim of the plaintiff and provided property with
marriage expenses of the daughter. But the defendant appealed to Appellate Court that he is
not the father of the child of the plaintiff. The DNA test was conducted and the report stated
that the defendant was not the biological father ofthe child. The Appellate Court then partially
upheld the decision of the District Court that is the defendant shall not provide marriage
expenses to the child. The plaintiff being dissatisfied with this decision appealed to Supreme
Court.
Decision of the Court: The Supreme Court upheld the decision of the Appellate Court. The
court stated that the plaintiff is not entitled to the property of defendant which is increased
after the decision of the District Court. Regarding the child, it cannot be decided now.
Analysis: The decision of the Appellate Court was based on the DNA test and it seems that
the Court has considered it as the conclusive evidence. The issue brought before the Supreme
Court was related with the property but the issue of paternity was dealt by the Appellate Court
through the application of DNA evidence, which was upheld by the Supreme Court as well.

32
SCB 2072, Year 24, Vol. 12, p. 34.

15
 CHAPTER 3

4.1 ANALYSIS AND CONCLUSION

DNA evidences are the strong evidences to detect the offenders for committing crime. In
majority of the situation the DNA examination are carried out to testify the paternity test of
the child and determine the identity of the Child. However, in the criminal offences too, they
hold greater value as the remains of the offender, the material the offender uses, the hair,
semen etc. helps to identify the unique pattern of DNA within the cell confirming the identity
of the offender. Thus, DNA technology has been proved to be a useful examination for
innocent suspects, investigating agencies and judges and bane for real culprits whether alive
or dead.

But in Nepal, there was no specific law regarding DNA identification and evidential value.
The majority of the cases deals the use of DNA made for paternity test. Still in the Criminal
Offences, the DNA examination is far of concern and still not reliable. Recently the decision
given by the Supreme Court in the case of Devi Gurung vs. Nita Gurung holds importance of
DNA Identification and its evidential value. Though the case lapsed due to the technical error
made during the examination process but it did mentioned the importance of DNA
examination and the continuation of DNA database to be maintained by the State. It is the
duty of the legislative and the judiciary to uphold the importance of such kind of tests and
give justice to the people through the reliable scientific evidences which are indeed one of
the positive aspects in the forensic examination.

16
BIBLIOGRAPHY

1. Deepakratan, P.S, & Zaidi, Mohd. H., Forensic Science In India and The World, Alia Law
Agency, Lucknow, 2008

2. ‘DNA Evidences Basics’ National Insitute of Justice,

http://nij.gov/topics/forensics/evidence/dna/basics/pages/welcome.aspx

3. ‘DNA Evidence: Basics of Analyzing’, National Insitute of Justice, available at

http://nij.gov/topics/forensics/evidence/dna/basics/pages/analyzing.aspx

4. Ganguly, D.K., and Chaudhri, V.K., Medical Jurisprudence and Toxicology, Dwivedi Law
Agency, Allahbad, 2008

5. Keshari & Adhikari, A text book of higher secondary Biology, Vidyarthi pustak bhandar,
2001

6. Sharma, B.R., Forensic science in criminal investigation and trials, Universal law publishing
co. pvt. Ltd, 2010

7. Sharma, B.R, Forensic Science in Criminal Investigation & Trials, India: Universal Law
Publishing Co. Pvt. Ltd., 2005

8. ‘Using DNA to solve the Crimes’, The United States Department of Justice, available at
http://www.justice.gov/ag/advancing-justice-through-dna-technology-using-dna-solve-crimes

9. Knight, Bernard, Lawyer’s guide to forensic medicine, Lawman (India) pvt ltd, 1998

17