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 Justice Board, the minor accused moved an application for DNA test of the baby of the rape survivor but the JJB rejected the plea on March 25 this year, saying it could be raised at defence stage only. Against the JJB's order, the minor accused filed an appeal before the POCSO court which allowed his plea on June 25 and directed DNA test of the baby.

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History of this topic

Accused Claiming "Non-Access" To Rape Victim Can Seek Paternity Test To Prove His Claim: Calcutta High Court
3 weeks ago

Accused Claiming "Non-Access" To Rape Victim Can Seek Paternity Test To Prove His Claim: Calcutta High Court

Live Law  

The Calcutta High Court has allowed an accused in a rape case to undergo a paternity test in order to prove his claim that he had "non-access" to the alleged victim who claimed to have been raped by him and subsequently become pregnant.Justice Shampa Paul relied on the Supreme Court case of Dipanwita Roy vs. Ronobroto Roy and held:"In the …

Ayodhya gangrape case: DNA samples of survivor’s foetus, main accused’s servant match
2 months, 3 weeks ago

Ayodhya gangrape case: DNA samples of survivor’s foetus, main accused’s servant match

Hindustan Times  

The state government on Monday apprised the Lucknow bench of the Allahabad high court that the DNA samples of the foetus of the Ayodhya rape case survivor and Raju Khan, the servant of Moid Khan, had matched. The court sought the report after Moid Khan filed a writ in the high court seeking bail. Appearing before the court of Justice …

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 …

Cops likely to apply in court for collecting DNA samples of two accused in Ayodhya gangrape case
4 months, 2 weeks ago

Cops likely to apply in court for collecting DNA samples of two accused in Ayodhya gangrape case

Hindustan Times  

LUCKNOW The Ayodhya Police is likely to file an application in a competent court on Saturday to collect DNA samples of the two men accused of gang-rape with a 15-year-old girl, who is undergoing treatment in a Lucknow hospital for the past four days, said police officials. Samples of the two accused, including a local Samajwadi Party leader Moid Khan …

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 …

Name Of Minor Rape Victim Disclosed In Investigation & Trial: Rajasthan High Court Directs Sensitisation Program For Police, Judicial Officers
8 months, 1 week ago

Name Of Minor Rape Victim Disclosed In Investigation & Trial: Rajasthan High Court Directs Sensitisation Program For Police, Judicial Officers

Live Law  

Expressing concern about a situation where the identity of a rape victim was disclosed during investigation and trial, Rajasthan High Court has proposed an exercise of sensitization for the police officers and judicial officers to ensure that such instances do not repeat. “In this background, the court feels that an exercise of sensitization of the police officers and judicial officers …

POCSO Act | Punjab & Haryana High Court Upholds Convict's Life Sentence Based On Solely Testimony Of 13-Yr Old Victim
1 year ago

POCSO Act | Punjab & Haryana High Court Upholds Convict's Life Sentence Based On Solely Testimony Of 13-Yr Old Victim

Live Law  

Basing the proof of charge on solitary, unblemished testimony of the victim, the Punjab & Haryana High Court upheld conviction and life imprisonment of a man for committing rape upon a 13-year old girl in Haryana. The Division Bench of Justice Sureshwar Thakur and Justice Kuldeep Tiwari rejected the contention that testimony of the victim lost credibility because her mother …

Allahabad HC Orders Medical Aid to Minor Rape Victim Who Filed Petition to End 28-Week Pregnancy
1 year, 3 months ago

Allahabad HC Orders Medical Aid to Minor Rape Victim Who Filed Petition to End 28-Week Pregnancy

News 18  

The Allahabad High Court on Wednesday directed that adequate medical facilities and ex-gratia payment under the scheme ‘Rani Laxmi Bai Mahila Samman Kosh’ be provided to the 15-year-old rape survivor who had approached the HC seeking permission to terminate her 28-week pregnancy. The bench of Justices Mahesh Chandra Tripathi and Prashant Kumar noted that the medical board, which examined the …

‘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 …

Nothing Has Improved Even A Decade After Nirbhaya: Jammu & Kashmir High Court Convicts Grandfather Of Raping Toddler
1 year, 4 months ago

Nothing Has Improved Even A Decade After Nirbhaya: Jammu & Kashmir High Court Convicts Grandfather Of Raping Toddler

Live Law  

Upholding the conviction of a man accused of raping his one-year-old granddaughter, the Jammu and Kashmir and Ladakh High Court recently expressed its concern that despite over a decade since the heinous Nirbhaya case, little progress has been made in addressing the increasing crimes against women and children. The case revolved around the brutal rape of a minor child, committed …

SC stays Allahabad HC order to decide whether woman is 'manglik'
1 year, 6 months ago

SC stays Allahabad HC order to decide whether woman is 'manglik'

Deccan Chronicle  

New Delhi: The Supreme Court Saturday stayed an unusual order of the Allahabad High Court asking the head of the department of astrology of Lucknow University to decide whether a woman, an alleged rape victim, is 'manglik' or not. A vacation bench of the apex court, which took suo motu cognisance of the matter, stayed the effect and operation of …

Father Cannot Avoid Paying Maintenance To Child By Seeking Frivolous Paternity Test: Bombay High Court
1 year, 8 months ago

Father Cannot Avoid Paying Maintenance To Child By Seeking Frivolous Paternity Test: Bombay High Court

Live Law  

The Bombay High Court recently held that a child can be ordered to undergo paternity test only in exceptional cases and father’s attempt to avoid paying maintenance to son by seeking DNA testing should be thwarted at the very inception. The child is the one on test, not the mother, the court said adding that absolute need and necessity for …

Delhi High Court Stays Motor Accident Tribunal's Order Directing Digging Of Deceased’s Grave For DNA Test To Verify Legal Heirs
1 year, 9 months ago

Delhi High Court Stays Motor Accident Tribunal's Order Directing Digging Of Deceased’s Grave For DNA Test To Verify Legal Heirs

Live Law  

The Delhi High Court has stayed an order passed by Motor Accident Claim Tribunal directing that the grave of a deceased man be dug up to conduct a DNA test for verifying the claim of compensation by various individuals asserting to be his legal heirs. Justice Rekha Palli observed that the Tribunal failed to appreciate that a DNA test cannot …

Disputed Paternity: When Can Courts Order DNA Test In Matrimonial Cases Involving Allegations Of Adultery? EXPLAINED
1 year, 10 months ago

Disputed Paternity: When Can Courts Order DNA Test In Matrimonial Cases Involving Allegations Of Adultery? EXPLAINED

Live Law  

Courts in India are witness to bitter matrimonial disputes and the children often become victims in the battles of their own parents. The court said a Family Court no doubt has the power to direct a person to undergo a medical test including a DNA test but “an order directing that a minor child be subjected to DNA test should …

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 …

Victim, mother turn hostile, but DNA test nails stepfather, sentenced to 20 yrs in jail
2 years ago

Victim, mother turn hostile, but DNA test nails stepfather, sentenced to 20 yrs in jail

India Today  

A special Mumbai court under the Protection of Children from Sexual Offences Act has sentenced a stepfather to 20 years in jail for repeatedly raping his 14-year-old stepdaughter since 2019. READ | DNA test in rape case not conclusive evidence: Bombay High Court The girl's mother had briefly gone to her native place in Uttar Pradesh and the stepfather continued …

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 …

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 …

Punjab & Haryana High Court Grants Bail To Woman Allegedly Involved In Pre-Natal Sex Determination Activities
2 years, 5 months ago

Punjab & Haryana High Court Grants Bail To Woman Allegedly Involved In Pre-Natal Sex Determination Activities

Live Law  

The Punjab and Haryana High Court has recently granted regular bail to a woman booked under the Pre-Natal Diagnostic Techniques Act, 1994, allegedly for accompanying the decoy witness to the place where the sex determination test was supposed to be conducted. After taking into consideration the facts and circumstances of the case, role played by the petitioner, along with 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 …

"Such Offence Demolishes Social Fabric": Allahabad High Court Denies Bail To Man Convicted Of Raping Cousin
3 years ago

"Such Offence Demolishes Social Fabric": Allahabad High Court Denies Bail To Man Convicted Of Raping Cousin

Live Law  

The Allahabad High Court recently denied bail to a man convicted of committing rape on his cousin sister while noting that such offence demolishes social fabric.The Bench of Justice Anil Kumar Ojha took into account the admitted position of the case that appellant and rape victim are siblings. The Allahabad High Court recently denied bail to a man convicted of …

'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 …

Child abduction case: order in anticipatory bail plea on Nov. 2
3 years, 1 month ago

Child abduction case: order in anticipatory bail plea on Nov. 2

The Hindu  

The District and Sessions Court, Thiruvananthapuram, will pass its orders in the anticipatory bail plea filed by the mother and sister of the young woman who complained that her parents had kidnapped her son and gave in adoption by falsely obtaining her consent on November 2. The father of the girl, arraigned as the first accused, has not filed any …

Rape/POCSO Cases- "Send DNA, Other Reports To Concerned Authorities Within 15 Days As Per Govt Circular": Allahabad HC To DGP
3 years, 2 months ago

Rape/POCSO Cases- "Send DNA, Other Reports To Concerned Authorities Within 15 Days As Per Govt Circular": Allahabad HC To DGP

Live Law  

The Allahabad High Court recently directed the Director-General of Police to ensure that the report regarding the articles recovered or taken into custody while investigating a POCSO case Act or DNA reports etc. in rape cases must be communicated to the concerned District Authorities within 15 days.The Bench of Justice Rajeev Singh issued this direction in view of the Government's …

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 …

Hathras rape case: Allahabad HC refuses to stay trial in special court
3 years, 3 months ago

Hathras rape case: Allahabad HC refuses to stay trial in special court

India Today  

The Allahabad High Court has declined to stay the trial in the case of gang rape and murder of a young woman in Hathras being conducted by a special court in the district or move it to elsewhere. In compliance with the order passed by the high court on March 19, 2021, two reports on behalf of the CRPF and …

Rape accused in Aligarh gets bail after DNA test shows he didn't father teen victim's kid
3 years, 8 months ago

Rape accused in Aligarh gets bail after DNA test shows he didn't father teen victim's kid

India Today  

A 28-year-old man from Aligarh was granted bail after a DNA test revealed that he was not the biological father of the child born to the teenage girl who accused him of rape. According to the complaint by the girl's father, the accused used to visit his house when his daughter was alone. The girl's father mentioned that his daughter …

In jail for 17 months, Mumbai man gets bail as DNA shows he didn't father neighbour's child
3 years, 10 months ago

In jail for 17 months, Mumbai man gets bail as DNA shows he didn't father neighbour's child

India Today  

A restaurant worker, who was arrested for allegedly raping and impregnating his neighbour, was granted bail after the DNA paternity test revealed that he was not the biological father of the girl's fetus. The 25-year-old man had been in jail for 17 months but the court granted him bail after the DNA report negated that he was the father of …

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 …

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 …

SC Grants Bail To Octogenarian After DNA Reports Showed That He Is Not The Father Of Rape Victim's Child [Read Order]
4 years, 4 months ago

SC Grants Bail To Octogenarian After DNA Reports Showed That He Is Not The Father Of Rape Victim's Child [Read Order]

Live Law  

The Supreme Court granted bail to an octogenarian rape accused after noticing that the DNA report showed that he is not the father of the child born to the rape victim.The man was booked under Protection of Children from Sexual Offences Act, for allegedly raping a minor. The Supreme Court granted bail to an octogenarian rape accused after noticing that …

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, …

'Victim's DNA Report Not Matching: No Ground To Rule Out Involvement In Crime, P & H HC Denies Bail To Gang-Rape Accused [Read Order]
4 years, 5 months ago

'Victim's DNA Report Not Matching: No Ground To Rule Out Involvement In Crime, P & H HC Denies Bail To Gang-Rape Accused [Read Order]

Live Law  

"Merely because the DNA report does not match with the petitioner cannot be termed to be a circumstance to conclude that the petitioner is not involved in the crime", observed the Punjab and Haryana High Court in denying bail to a gang-rape accused. The petitioner before Justice Vivek Puri sought regular bail in connection with a FIR dated 04.05.2018, under …

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. …

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