SC rejects DNA test as evidence
KATHMANDU: The Supreme Court has questioned the reliability of deoxyribonucleic acid test, saying it cannot be accepted as conclusive proof to settle a disputed matter.
Internationally, DNA test is considered scientifically proven methodology to settle disputed matters but the apex court has said the scientific methodology required to be proved by other supportive evidences to settle any disputed matter.
“There is nothing absolute in the world and DNA report may not be cent per cent conclusive proof and might not be true,” a division bench of Justices Rajendra Prasad Koirala and Prakash Wosti ruled. The bench issued its verdict in a property dispute involving Muse Ahir and Jung Bahadur Ahir. In its full text judgment made public today, SC did not recognise Junga Bahadur Ahir as Muse Ahir’s father.
The bench observed that though DNA testing was a highly reliable scientific test its service in Nepal might be influenced by other factors.
The DNA test also did not establish their relation as father and son. The apex court overturned the decision of Butwal Appellate Court, which had established the relation between the disputed persons. The court had directed Junga Bahadur to provide parental property to the Muse.
“The DNA test may be influenced in our country by environment, time factor and available means, though internationally it is a highly reliable scientific method,” the bench observed. “Therefore, DNA test’s conclusion will require other supportive evidence to settle paternity disputes,” the bench added.
It also observed that the court could not provide DNA testing facility to all and sundry if they so demanded.
“The DNA testing can be an evidence among many other evidences and if the other evidences are sufficient to settle any dispute there will be no need to conduct DNA test,” the bench concluded.
