DNA evidence can only be used by the prosecution as corroboratory evidence, whereas it has a probative value for disproving the charge

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The DNA report in unseen incidents of homicide is often referred as sufficient to lift veil from the identity of the culprit but such concept qualifies for acceptance subject to various restrictions and limitations. The acceptance of DNA report in legal system is based on the doctrine of law of individuality which is defined by Dr.B.R. Sharma in his book Forensic Science in Criminal Investigation and Trials in the manner that every object, natural or man-made, has an individuality, which is not duplicated in any other object and it is unique, neither the nature has duplicated itself nor can man. The law of individuality has been verified in various fields, the most important out of which pertains to finger prints which are never found to be identical of different persons. 

Probative and corroborative value of DNA evidence. 
While considering the DNA evidence, we must not forget that burden to prove the guilt of an accused upon the prosecution is much heavier than the onus of accused to disprove the charge. For securing conviction of an accused, the prosecution is legally obliged to prove its case without scintilla of any doubt. On the contrary, the accused can get rid of the charge framed against him by creating a doubt about his involvement in the crime. In this backdrop, it can be elucidated that DNA evidence can only be used by the prosecution as corroboratory evidence, whereas it has a probative value for disproving the charge. Same is the principle.
The failure to prove proper sampling of internal anal swabs.
Crl. A. No. 642 & Murder Reference
55-19
THE STATE VS NADEEM SHAH 
PLJ 2024 Cr.C 772


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