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This Article is From Oct 20, 2010

DNA test hints at scuffle before Viveka's death

DNA test hints at scuffle before Viveka's death
Mumbai: Pics:Viveka's pics with Gautam Vora
Pics:The dark side of glamour

A detailed forensic examination of Mumbai model Viveka Babajee's body has uncovered the presence of human DNA underneath her fingernails, pointing to a scuffle preceding her death.

The Khar police, however, maintain that the 37-year-old former model committed suicide and have said that they will not reopen the case.

The two-member team of doctors from Cooper hospital, which had carried out the initial post-mortem on June 27, had also found injury marks on Babajee's right hand and neck. They had sent her vital organs to the forensic laboratory for further examination.

 "The presence of DNA under her fingernails shows that there might have been a strong physical contact between Babajee and the person whose DNA was found. The only way to corroborate the facts is to match the DNA found with the DNA of the suspects, if any," said forensic expert and former police surgeon Dr G V Upe.

Noted criminal lawyer Majid Memon said, "If forensic reports show that DNA is present under her nails, it indicates that there might have been a struggle with some force.  It may open a fresh avenue to examine whether she encountered any resistance which caused violence during the last moments."

The forensic reports, which took four months to come, have also confirmed the presence of alcohol in Babajee's liver, blood and stomach. "Around 250 ml of alcohol has been found," said a source.

Memon sees this as crucial to the case.

"The presence of alcohol indicates that she could have acted in a semi-conscious state, which, if supported by circumstantial evidence, can lead to abetment to suicide charges being proved," he said.

However, Mahesh Jethmalani, criminal lawyer, said, "It's too vague as evidence. There needs to be something stronger to corroborate these findings," he said.

Babajee's histopathology reports are negative, which rules out the possibility of her having any disorders. Forensic reports have also ruled out any fresh incidence of sexual intercourse.

"There is no presence of DNA in her vagina and rectum (anus) region, ruling out the possibility of sex before her death. No drugs have been found in her body either," added the source.

Senior Police Inspector of the Khar police station Mangesh Pote, said, "There are a number of things unrelated to the suicide that have come up during the investigation. This seems like one of them too. The case is shut and there is nothing left to investigate."

Viveka Babajee, best known for featuring in a Kamasutra advertisement, was found hanging from the fan in her Bandra home on June 26. The first post-mortem conducted at the Cooper hospital had termed 'asphyxia due to ligature' as the cause of death.
 

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