Forensic Report Cannot be Relied Upon Unless Expert is Examined as Witness: Bombay High Court

The Bombay High Court held that courts cannot rely on forensic reports such as chemical analysis or DNA reports unless the expert who prepared the report is examined as a witness.

The Court observed that failure to examine the forensic expert deprives the accused of the opportunity to cross-examine the scientific evidence, which is essential for a fair trial.

Relying on the Supreme Court ruling in Irfan @ Bhayu Mevati v. State of Madhya Pradesh, the Court stated that relying solely on reports without examining their authors is a serious procedural error.

Accordingly, the Court set aside the conviction and directed the trial court to examine the concerned forensic experts.

[State of Maharashtra v. Tejas @ Dada Mahipati Dalvi]