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sai ram (manager)     10 December 2011

Dna test

Can any one tell me that if s*xual intercourse is done and the sperm are not left inside the v**gina and if they do DNA test will it prove the concern person has been involved with me. As in the compliant i want to give that he had s*xual intercourse with me. Please let me know more details about DNA test



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 3 Replies

sridhar pasumarthy (ADVOCATE)     10 December 2011

Dear Sai ram,

In my opinion, no use of test when the sperm is not left in v**gina.

Democratic Indian (n/a)     10 December 2011

DNA Test is basically comparing the DNA(can read about DNA at https://ghr.nlm.nih.gov/handbook/basics/dna)samples taken from two sources. If DNA in both samples are different then test is negative, if DNA in both samples are same then the test is positive. If there is no sample of semen in v**gina then how will the comparison between two samples be done?


If it is some kind of rape case, regardless of DNA test you can always make a complaint and law will take its own course. Before proceeding consult some experienced criminal lawyer about how it is best to go about in this matter. You may also raise a query under "Criminal law" in Experts Section.

Tajobsindia (Senior Partner )     11 December 2011

@ Author

1. YES provided the complaint is lodged in under 5 days and DNA profiling done. Reason being you claiming 's*xual intercourse' which is nothing but prime facie 'penetration' and carries fine and imprisonment under S. 376 IPC if convicted. But that is nobody's case here !


2. NO provided the complaint is lodged in under 30 years as samples tested for DNA will lead to benefit of doubt for a reasoning being semen was found outside v**gina and cheek test of your v**gina which is banned now a days will not lead in establishing conclusively 'intercourse' to carry fine and or punishment under S. 376 IPC.

 
I think it's sometimes a joke when people say a guy grabbed them and had his pants down and ejaculated in front of them, so they assume he tried to have intercourse with them and should be convicted for fraud in 'relationship'!. But then that is
India and we hear such cases day in day out.


To pacify you, sure he has done “wrong” but a guy who, for example, pulls off a woman's bra without her consent and has his pants down exposing his genitalia while making a lunge for the woman and ejaculates during such acts of omission and commission (film star Shiney's case is recent criminal acts of ommissiona dn commission intention illustration), but she escapes will not get done for attempted rape and or even be convicted under any law of the land for having "fraud in relationship" with you conclusively!. So you see how law becomes double edged sword with such basic query you put here without date time stamp and under which Section of Code / Act you are intending to place charges against him! There is no DNA from his penis which has "entered" the mouth, anus or v**gina partially if such complaints are lodged after 5 days which is nothing but and attemnt to make you aware of timelimitation for a qualitiative DNA test result. However, he may get convicted for a s*xual assault or battery at the very least and even under 'fraud' i.e. luring a women to promise of marriage and having intercourse but that will lead you to where? I suppose teaching him a lesson on tocuh stone of consenting two adults passion play may not be the cause of action here in right intent as end to means or means to end is what we call as assumptive justice delivery in such allegations scenarios!


I assume his intention would be to fulfill (consented) s*x between you and him but DNA (Rape Kit) Test evidence would suggest otherwise took place. Intercourse is very difficult to prove in a court if filed late, very difficult I say once again and
India has the lowest conviction rate and in India with most success being kids who were raped and that's because minor's consent means nothing before eyes of Law. Now let us not talk of social stigma and all such feminist propaganda post scriptts that Indian women takes ages to come to polcie station to file charges of rape whereas at a drop of hat AI  Airhostesses are filing such charges on piolets and later withdrawing once AI's mazdoor - lal - bal - tal union Association elevates them to Sr. Stewerdess positions and posts them on lucrative flight routes!


In your case I think you projecting here as Ms. victim to nail possibly a person with whom you had consented s*x and he ejaculated outside the mouth of your v**gina after consented penetrative intercourse. In such case cloths samples including your panties, bed sheet and the other cloths that you were wearing on that date needs to be submitted for taking strains for DNA profiling testing of his semen. However if it would have been penetrated s*x irrespective he ejaculated outside then some of his pre-cum and or semen would still remain upto 5 days inside your v**gina unless you washed them off under shower before this scientific time limit. Semen strains under DNA can also be retrieved upto 30 years from given samples of cloths of possible victims that is where degree of conviction stats changes.


There are scientific (forensic science) 4 tests done for intercourse to prove under criminal Laws of the land based on utmost co-opertion of a possible Ms. Victim.


Least to least 'fraud' committed to lure you into marriage could be possible outcome of this brief query but then a smart criminal advocate can easily beat such short query briefs put before us as has just been done by this reply.

 

PS.: All “you” are generic. I treat you as a person and present my reply putting your query under test of criminal Law and nothing personal if it may lead someone's biases to play mischief role hence read my replies herein with un-biased mind. 


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