DNA Test Report Favouring Accused In Rape Case Not Gospel Truth, Cross-Examination Of Doctor Necessary: Karnataka High Court
2 years, 2 months ago

DNA Test Report Favouring Accused In Rape Case Not Gospel Truth, Cross-Examination Of Doctor Necessary: Karnataka High Court

Live Law  

The Karnataka High Court has said that the DNA analysis report, which favours the accused in a rape case, is not a clinching evidence that would result in termination of proceedings against him.A single judge bench of Justice M Nagaprasanna, while dismissing the accused's petition against the criminal proceedings, said: "If a positive result of the DNA comes about against the accused, it. The Karnataka High Court has said that the DNA analysis report, which favours the accused in a rape case, is not a clinching evidence that would result in termination of proceedings against him. A single judge bench of Justice M Nagaprasanna, while dismissing the accused's petition against the criminal proceedings, said: "If a positive result of the DNA comes about against the accused, it would constitute a clinching evidence against him for further proceeding. Mere production of DNA sample report before this Court would not mean that it has to be taken as gospel truth without examination or cross-examination of the doctor who has rendered such opinion," said the court.

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History of this topic

Report confirms accused's DNA matched with sample found in Kannauj rape case, say police
3 months, 3 weeks ago

Report confirms accused's DNA matched with sample found in Kannauj rape case, say police

The Hindu  

A report has confirmed that the DNA of a former block head belonging to the Samajwadi Party matched with the sample collected in the rape case of a 15-year-old girl in this Uttar Pradesh district, an official said on Monday. Nawab Singh Yadav, a former block head of the Samajwadi Party, used to manage a private education institute and is …

Kannauj rape: Police seek court’s permission for DNA test on SP leader
4 months, 1 week ago

Kannauj rape: Police seek court’s permission for DNA test on SP leader

Hindustan Times  

KANPUR: The police on Wednesday moved the POCSO court to obtain permission for a DNA test on Samajwadi Party leader Nawab Singh Yadav. SP Kannauj Amit Kumar Anand said the DNA test was crucial for the ongoing investigation. “We have approached the court for permission for the DNA test and for the sample to be taken from the accused,” he …

NCPCR chief slams Akhilesh Yadav for demanding DNA test in Ayodhya gang rape case
4 months, 3 weeks ago

NCPCR chief slams Akhilesh Yadav for demanding DNA test in Ayodhya gang rape case

Op India  

National Commission for Protection of Child Rights chairperson Priyank Kanoongo on Saturday targeted Samajwadi Party chief Akhilesh Yadav over his demand for DNA test of accused in Ayodhya gang-rape case. एक नाबालिग लड़की का बलात्कार हुआ है,आरोप आपकी पार्टी के नेता पर हैं और आप हठधर्मिता से उसका बचाव कर रहे हैं। ये वही DNA है जो बच्चियों के बलात्कारियों …

[S.53A CrPC] Filling Gaps Of Prosecution Case By Seeking DNA Profiling Of Accused After Completion Of Investigation Offends Article 21: Calcutta HC
10 months, 1 week ago

[S.53A CrPC] Filling Gaps Of Prosecution Case By Seeking DNA Profiling Of Accused After Completion Of Investigation Offends Article 21: Calcutta HC

Live Law  

The Calcutta High Court has held that filling up gaps in the prosecution case by invoking Section 53A of the Criminal Procedure Code would offend Article 21 of the Constitution.A single bench of Justice Moushumi Bhattacharya sitting at the High Court's Circuit Bench at Port Blair held:It is clear from the facts of the. The Calcutta High Court has held …

‘Violative Of Privacy Right Of The Infant’: Chhattisgarh High Court Rejects Applications Seeking DNA Test Of Child Born Out Of Gang Rape
1 year, 4 months ago

‘Violative Of Privacy Right Of The Infant’: Chhattisgarh High Court Rejects Applications Seeking DNA Test Of Child Born Out Of Gang Rape

Live Law  

The Chhattisgarh High Court has recently rejected applications filed by two men, accused of committing gang rape on a minor girl, for conducting DNA test of the child born to the victim subsequent to the gang rape. The Division Bench of Justice Sanjay K. Agrawal and Justice Radhakishan Agrawal held the demand for DNA test as a violation of the …

Vengaivayal case: Special Court directs four juveniles to undergo DNA test
1 year, 5 months ago

Vengaivayal case: Special Court directs four juveniles to undergo DNA test

The Hindu  

The Special Court for Exclusive Trial of Cases Registered under the SC/ST Act, Pudukottai, on Monday ordered four juveniles to undergo a DNA test in connection with the Vengaivayal case. The order was issued based on a petition filed by the Crime Branch-CID seeking DNA testing of the four juveniles of Eraiyur and Vengaivayal. The court directed that an appropriate …

Vengaivayal incident: SC man challenges special court order to conduct DNA test
1 year, 7 months ago

Vengaivayal incident: SC man challenges special court order to conduct DNA test

The Hindu  

One of the eight persons who did not take DNA test in connection with the Vengaivayal case has filed a petition before the Madurai Bench of the Madras High Court, challenging the Pudukkottai Special Court’s direction to him and others to undergo the DNA test. The Special Court for Exclusive Trial of Cases under the SC/ST Act issued an order …

Supreme Court says cannot order DNA test of child to prove infidelity charge
1 year, 10 months ago

Supreme Court says cannot order DNA test of child to prove infidelity charge

India Today  

The Supreme Court has said that the DNA test of a minor child cannot be ordered routinely in matrimonial disputes involving allegations of infidelity. READ | DNA test to be ordered only in deserving cases, forcing someone infringes right to privacy: Supreme Court "Children have the right not to have their legitimacy questioned frivolously before a Court of Law. The …

Merely Saying Wife Refused DNA Test Of Child During Cross Examination Not Sufficient To Draw Adverse Inference: Bombay High Court
1 year, 11 months ago

Merely Saying Wife Refused DNA Test Of Child During Cross Examination Not Sufficient To Draw Adverse Inference: Bombay High Court

Live Law  

The Bombay High Court recently dismissed a man’s petition challenging the grant of maintenance to his wife, observing that a claim regarding wife's refusal during cross examination to undergo DNA test for ascertaining the paternity of girl child is not sufficient to draw an adverse inference. Justice Kishore C. Sant of the Aurangabad bench said: “Mere submission that question was …

DNA Test Cannot Be Ordered As Matter Of Course To Determine Parentage: Punjab & Haryana High Court
2 years, 4 months ago

DNA Test Cannot Be Ordered As Matter Of Course To Determine Parentage: Punjab & Haryana High Court

Live Law  

Punjab and Haryana High Court recently held that a Court cannot order a DNA test as a matter of course and for this reason a prayer to order DNA test cannot be granted to lead to a roving inquiry, in this case into the parentage of the respondent. The court was dealing with a petition under Article 227 of the …

DNA test in rape case not conclusive evidence: Bombay High Court
2 years, 4 months ago

DNA test in rape case not conclusive evidence: Bombay High Court

India Today  

The Bombay High Court has held that a DNA test cannot be said to be conclusive evidence in a case of rape and can only be used as corroborative evidence. Justice Bharti Dangre, while rejecting the bail plea of the accused, said: "The DNA test excludes the man as the father of the child, but that does not discredit the …

'Directions For Conducting DNA Test Violative Of Individual's Privacy': MP High Court Denies Permission For Blood Test In Relation To Property Dispute
2 years, 4 months ago

'Directions For Conducting DNA Test Violative Of Individual's Privacy': MP High Court Denies Permission For Blood Test In Relation To Property Dispute

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently upheld the decision of the lower court rejecting an application for compelling an individual to undergo a DNA Test in an ongoing suit for partition. The Court held that the presumption provided under Section 112 of the Evidence Act is rebuttable and that the Petitioner would get every opportunity to rebut the …

Madhya Pradesh High Court Directs Action Against Lower Court Judge for Not Considering DNA Report in POCSO Case
2 years, 7 months ago

Madhya Pradesh High Court Directs Action Against Lower Court Judge for Not Considering DNA Report in POCSO Case

Live Law  

The High Court of Madhya Pradesh recently directed action against a lower court judge for not considering a crucial medical evidence of DNA report while acquitting the accused in a POCSO case. The Court observed that despite the medical report being brought on record, the same did not find mention in the impugned judgment passed by the respective trial court …

CBI plans to conduct DNA tests in Hanskhali rape case
2 years, 8 months ago

CBI plans to conduct DNA tests in Hanskhali rape case

Firstpost  

CBI investigators visited prime accused’s house on Friday to gather more evidence, after collecting samples from the spot on Thursday night Kolkata: The Central Bureau of Investigation is planning to conduct DNA tests in the Hanskhali rape case to check whether the samples collected from the crime spot match with those found on the arrested accused, an officer of the …

Rape survivor can't be compelled to baby's DNA testing for determining paternity: Allahabad HC
3 years ago

Rape survivor can't be compelled to baby's DNA testing for determining paternity: Allahabad HC

India Today  

The Allahabad High Court on Thursday held that a rape survivor cannot be compelled to allow her baby to undergo DNA test for determining paternity. The Lucknow bench set aside an order of a POCSO court which had directed for DNA test of the baby on the plea of the minor accused in the rape case. During trial before Juvenile …

'Investigating Officer Not Taking Steps To Conduct DNA Test Of Foetus': Pregnant Rape Survivor Alleges Before Kerala High Court
3 years, 1 month ago

'Investigating Officer Not Taking Steps To Conduct DNA Test Of Foetus': Pregnant Rape Survivor Alleges Before Kerala High Court

Live Law  

The Kerala High Court on Thursday heard a woman, who became pregnant pursuant to a sexual assault on her, accusing the investigating officer of not taking steps to conduct the DNA test of her foetus. The primary allegation was that under the guise of complying with the Court's previous interim order to provide her police protection from another police station …

DNA test to be ordered only in deserving cases, forcing someone infringes right to privacy: Supreme Court
3 years, 2 months ago

DNA test to be ordered only in deserving cases, forcing someone infringes right to privacy: Supreme Court

India Today  

The Supreme Court said on Friday that DNA tests should not be ordered routinely but only in deserving cases. Forcing an unwilling party to undergo a DNA test infringes the personal liberty and right to privacy of the individual, the apex court added. "Whether a person can be compelled to provide a sample for DNA in such matters can also …

'Infringes Liberty, Privacy': SC Says Can't Force Unwilling Party to Undergo DNA Test
3 years, 2 months ago

'Infringes Liberty, Privacy': SC Says Can't Force Unwilling Party to Undergo DNA Test

News 18  

The Supreme Court Friday said DNA test is not to be directed as a matter of routine but only in deserving cases as forcing an unwilling party to undergo a DNA test infringes the personal liberty and right to privacy of an individual. “Whether a person can be compelled to provide a sample for DNA in such matters can also …

'Guilt Of Accused Can Be Established Only After Examination Of All Witnesses': Karnataka High Court Directs Retrial Of Rape Case
3 years, 2 months ago

'Guilt Of Accused Can Be Established Only After Examination Of All Witnesses': Karnataka High Court Directs Retrial Of Rape Case

Live Law  

Observing that "guilt of the accused can be established only after examination of all the witnesses as desired by the prosecution," the Karnataka High Court recently set aside the order passed by a trial court acquitting a person accused of raping a minor. However, the court on going through the record noted that the prosecution had not made the necessary …

Accuracy Of DNA Test Result Cannot Be Doubted Unless The Procedure Is Shown To Be Compromised: Tripura HC Dismisses Rape Convict's Appeal [Read Judgment]
4 years, 2 months ago

Accuracy Of DNA Test Result Cannot Be Doubted Unless The Procedure Is Shown To Be Compromised: Tripura HC Dismisses Rape Convict's Appeal [Read Judgment]

Live Law  

Unless the procedure is compromised, the accuracy of DNA test result cannot be doubted, the Tripura High Court observed while dismissing appeal filed by a man convicted for raping a minor girl.Bahadur Debbarma, the convict, had contended that mere determination of parentage would not be sufficient to record conviction of the accused for rape. Unless the procedure is compromised, the …

Hathras gangrape: Cops citing forensic report as gospel truth could end up perverting justice
4 years, 2 months ago

Hathras gangrape: Cops citing forensic report as gospel truth could end up perverting justice

Firstpost  

While medical and forensic evidence can help show how a crime may have occurred and identify the perpetrator, it is important to understand that they are riddled with limitations The alleged gangrape and tragic death of a Dalit woman from Hathras, Uttar Pradesh, who succumbed to her injuries on 29 September 2020, has shocked the nation. Understanding forensic evidence for …

After DNA Test, 84-year-old Man Granted Bail by SC in Minor Rape Case
4 years, 4 months ago

After DNA Test, 84-year-old Man Granted Bail by SC in Minor Rape Case

News 18  

After remaining for more than three months behind bars, an 84-year-old man accused of rape will finally walk out of jail after a DNA test declared that he is not the father of a child born of a minor girl he was said to have abused sexually. On Monday, a bench, headed by Justice Sanjay K Kaul, ordered the octogenarian’s …

Section 112 IEA, And The DNA Test: Dissecting The Law
4 years, 4 months ago

Section 112 IEA, And The DNA Test: Dissecting The Law

Live Law  

Section 112 of Indian Evidence Act, 1872, which provides for legitimacy of the child born out of a valid marriage, has been the centre of debate for the last several years. Further, if a person declines to comply with the directions issued by court, a presumption of the nature contemplated in Section 114 illustration of the Act could be taken, …

SC Directs DNA Test Of 84 Year Old Man Accused Of Raping & Impregnating A Minor [Read Order]
4 years, 5 months ago

SC Directs DNA Test Of 84 Year Old Man Accused Of Raping & Impregnating A Minor [Read Order]

Live Law  

The Supreme Court has directed an 84 year old man to undergo DNA test.The octogenarian man is booked under Protection of Children from Sexual Offences Act, for allegedly raping a minor. The accused was denied bail by the Calcutta High Court and had hence filed a Special Leave Petition before the Apex Court.In his SLP, he submitted that he is. …

DNA Forensics: Bridging the Knowledge Gap to Enhance Justice Delivery in India
7 years, 1 month ago

DNA Forensics: Bridging the Knowledge Gap to Enhance Justice Delivery in India

Live Law  

A live panel discussion titled 'Where's The DNA?' was held in New Delhi to discuss the imperative need to build conviction, exonerate the innocent and solve crime in the Indian criminal justice system. Experts from various fields, including law enforcement, judiciary, forensics, victim advocacy, academia and media, participated in the discussion. The discussion focused on the lack of specific provisions …

DNA Technology: A Crucial Amendment Needed for Indian Legal System
7 years, 1 month ago

DNA Technology: A Crucial Amendment Needed for Indian Legal System

Live Law  

The article highlights the urgent need to amend the Code of Criminal Procedure and the Indian Evidence Act to incorporate provisions related to DNA technology. The introduction of DNA testing has revolutionized criminal investigations, but it also raises significant legal and constitutional challenges. The article emphasizes the importance of ensuring the accuracy and reliability of DNA evidence, particularly in cases …

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