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, 5 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 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. Taking note of these contentions, the bench comprising Justices S. Talapatra and SG Chattopadhyay said: In Jayantibhai Somabhai Khant Gujarat High Court has expressed certain reservations even after observing that the DNA result can be of immense value to the investigators, prosecutors as well as to the court in either including or excluding a person from involving in a particular act. But as the victim did not support the prosecution case by stating that she was violated, the Gujarat High Court has observed that mere determination of parentage would not be sufficient to record conviction of the accused for rape.

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History of this topic

Rapist sentenced to 25 years of rigorous imprisonment based on DNA test of aborted fetus
1 month, 1 week ago

Rapist sentenced to 25 years of rigorous imprisonment based on DNA test of aborted fetus

New Indian Express  

HYDERABAD: Taking cognisance of a DNA test of an aborted fetus, the Nampally court has sentenced a man, aged 45 at the time, to 25 years of rigorous imprisonment for raping a minor girl. After registering the case in 2020, the Bahadurpura police sent blood samples of the survivor, then 17, the accused, and the fetus for DNA analysis. During …

Supreme Court Criticises 'Undue Haste' Of Trial Court In Awarding Death Penalty In 2 Months Without Proper Opportunity For Defence
1 month, 1 week ago

Supreme Court Criticises 'Undue Haste' Of Trial Court In Awarding Death Penalty In 2 Months Without Proper Opportunity For Defence

Live Law  

The Supreme Court recently, while quashing the death penalty of the present appellant/accused, observed that the reliance on the DNA report without examining scientific experts led to the failure of justice, thereby, vitiating the trial. Thus, the trial process exhibited “undue haste.” The instant case involves capital punishment and thus, providing a fair opportunity to the accused to defend himself …

No right to DNA test, paternity determined by legitimacy: SC
1 month, 2 weeks ago

No right to DNA test, paternity determined by legitimacy: SC

Hindustan Times  

The Supreme Court on Tuesday ruled that an individual does not have a legal right to seek a DNA test on another person to prove paternity, underscoring that such an inquiry could lead to a “collateral infringement of privacy” and potentially eviscerate a person’s reputation and standing in society. 'Must be mindful of…' “While permitting an enquiry into a person’s …

"Crossed All Limits Of Humanity": Bombay High Court Upholds Man's Conviction For Rape Of Mentally Challenged Girl
6 months, 1 week ago

"Crossed All Limits Of Humanity": Bombay High Court Upholds Man's Conviction For Rape Of Mentally Challenged Girl

Live Law  

Observing that he crossed all the limits of humanity, the Bombay High Court bench at Nagpur, recently upheld the conviction of a man for raping and impregnating a neighbourhood girl, who was suffering from Down syndrome.Single-judge Justice Govind Sanap noted from the material on record that there was sufficient evidence to prove beyond reasonable doubt that it was the appellant, …

NCPCR chief slams Akhilesh Yadav for demanding DNA test in Ayodhya gang rape case
7 months, 2 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
11 months 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 …

[S.53A CrPC] Filling Gaps Of Prosecution Case By Seeking DNA Profiling Of Accused After Completion Of Investigation Offends Article 21: Calcutta HC
1 year, 1 month 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, 6 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 …

Conviction Cannot Be Based Only On DNA Report When Ocular Evidence Does Not Support It: Bombay High Court
1 year, 11 months ago

Conviction Cannot Be Based Only On DNA Report When Ocular Evidence Does Not Support It: Bombay High Court

Live Law  

The Bombay High Court recently held that DNA test report cannot be solely relied on for conviction when the ocular evidence does not support it. “When the ocular evidence was not supporting, conviction ought not to have been based only on the DNA test report i.e. A bench of Justice Vibha Kankanwadi and Justice Khobragade sitting at Aurangabad set aside …

Children have a right to protect their genetic information from DNA tests: SC judgment
2 years ago

Children have a right to protect their genetic information from DNA tests: SC judgment

The Hindu  

The Supreme Court has held in a judgment that children cannot be mechanically subjected to DNA tests in each and every case between warring parents as a short-cut to establish proof of infidelity. The information goes to the very heart of who she or he is,” the judgment added, emphasising that “a child’s genetic information is part of his fundamental …

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

Benefit of doubt, lapses in trial & more: Why SC acquitted 3 men sentenced to death in 2012 Chhawla rape case?
2 years, 4 months ago

Benefit of doubt, lapses in trial & more: Why SC acquitted 3 men sentenced to death in 2012 Chhawla rape case?

India Today  

The Supreme Court on Monday acquitted three men facing the death penalty for the gang rape and murder of a 19-year-old woman in Delhi's Chhawla area in 2012. A bench, comprising Chief Justice of India UU Lalit and Justices Ravindra Bhat and Bela Trivedi, set aside the order of conviction passed by the trial court and Delhi High Court and …

Patriarchal, sexist: Supreme Court comes down heavily on 2-finger rape test
2 years, 4 months ago

Patriarchal, sexist: Supreme Court comes down heavily on 2-finger rape test

India Today  

Condemning the use of two finger test on rape or sexual assault survivors, the Supreme court on Monday said any person conducting such tests will be found guilty of misconduct. Terming the test as a traumatic experience for a sexual assault survivor, the bench said, "It instead further re-victimizes and re-traumatizes women who may have been sexually assaulted, and is …

DNA Test Report Favouring Accused In Rape Case Not Gospel Truth, Cross-Examination Of Doctor Necessary: Karnataka High Court
2 years, 5 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, 7 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, 7 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 …

DNA test in rape case corroborative, not conclusive evidence: Bombay HC
2 years, 7 months ago

DNA test in rape case corroborative, not conclusive evidence: Bombay HC

India TV News  

DNA test in rape case corroborative, not conclusive evidence: Bombay HC DNA test in rape case: Positive DNA test would constitute clinching evidence against the accused if the result is negative, but the other material available on record will still have to be considered. Highlights Bombay HC ruled that a DNA test cannot be said to be the "conclusive evidence" …

'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, 7 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 …

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

DNA test to be ordered only in deserving cases, forcing someone infringes right to privacy: Supreme Court
3 years, 5 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, 5 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, 5 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 …

Let it be a deterrent, castrate the guilty
5 years, 3 months ago

Let it be a deterrent, castrate the guilty

Deccan Chronicle  

As expected, the whole country is livid and agitated over the number and nature of rape cases - one more horrifying than the other. Unfortunately, the conviction rate in rape cases is exceedingly low because our centuries old legal system wants crude evidence such as eye witnesses etc. Specialist training will have to be imparted to a rapid action investigative …

Paternity Test: Gujarat HC Directs 80 Year Old Man To Undergo DNA Test
5 years, 4 months ago

Paternity Test: Gujarat HC Directs 80 Year Old Man To Undergo DNA Test

Live Law  

The Gujarat High Court has directed an 80 year old man to undergo DNA test.The court upheld an order of Family Court in a suit filed by a person who claimed that the man is his biological father. The Gujarat High Court has directed an 80 year old man to undergo DNA test. The court upheld an order of Family …

DNA Test Cannot Be Ordered Without There Being Appropriate Satisfaction For Its Requirement: SC [Read Judgment]
5 years, 7 months ago

DNA Test Cannot Be Ordered Without There Being Appropriate Satisfaction For Its Requirement: SC [Read Judgment]

Live Law  

The Supreme Court has observed that DNA test cannot be ordered without there being appropriate satisfaction for requirement of such test.In this case, FIR was registered under Sections 465, 468, 471 and 420 IPC against the accused alleging that he obtained fake caste certificate. The Supreme Court has observed that DNA test cannot be ordered without there being appropriate satisfaction …

Conducting DNA Test Of Rape Accused Is Part Of A Fair Trial: Punjab & Haryana HC [Read Order]
5 years, 8 months ago

Conducting DNA Test Of Rape Accused Is Part Of A Fair Trial: Punjab & Haryana HC [Read Order]

Live Law  

The Punjab and Haryana High Court recently held that conducting DNA profiling of the accused under Section 53A of the Cr.P.C is a part of fair trial. The Court was hearing a revision petition filed by the petitioners, challenging an order of the Trial Court dismissing their application under Section 53-A Cr.P.C, for conducting DNA profiling of such. The Court …

Paternity Dispute: DNA Test Cannot Be Ordered Merely On The Basis Of Bland Statement Of Applicant (Father), Holds Rajasthan HC
5 years, 9 months ago

Paternity Dispute: DNA Test Cannot Be Ordered Merely On The Basis Of Bland Statement Of Applicant (Father), Holds Rajasthan HC

Live Law  

Rajasthan High Court held that the courts have to be very careful and sensitive to the circumstances before passing orders for getting the DNA test conducted for establishment of paternity in a case. Background Bench of Justice Sanjeev Prakash Sharma was hearing a petition whereby petitioner husband had challenged the order of a Civil Judge, rejecting his application for demanding …

If DNA Profiling Isn’t Done Or Held Back In Rape Cases, Adverse Consequence Would Follow For The Prosecution: SC [Read Judgment]
6 years, 3 months ago

If DNA Profiling Isn’t Done Or Held Back In Rape Cases, Adverse Consequence Would Follow For The Prosecution: SC [Read Judgment]

Live Law  

“We are not going to the extent of suggesting that if there is no DNA profiling, the prosecution case cannot be proved but we are certainly of the view that where DNA profiling has not been done or it is held back from the Trial Court, an adverse consequence would follow for the prosecution.”In an important ruling, the Supreme Court …

DNA Test Can’t Be Used As A Shortcut To Establish Infidelity That Might Have Occurred Decades Ago: Kerala HC Dismisses Plea Of 77-Yr-Old Husband [Read Judgment]
6 years, 9 months ago

DNA Test Can’t Be Used As A Shortcut To Establish Infidelity That Might Have Occurred Decades Ago: Kerala HC Dismisses Plea Of 77-Yr-Old Husband [Read Judgment]

Live Law  

‘When the children are major, surely they cannot be compelled to give blood sample in a civil proceeding where they were not parties.’Dismissing the plea of a 77-year-old husband, the Kerala High Court has observed that DNA test cannot be used as a shortcut to establish infidelity that might have occurred decades ago.The man had approached the family court seeking …

DNA Test Can’t Be Used As A Shortcut To Establish Infidelity That Might Have Occurred Decades Ago: Kerala HC Dismisses Plea Of 77-Yr-Old Husband [Read Judgment]
6 years, 9 months ago

DNA Test Can’t Be Used As A Shortcut To Establish Infidelity That Might Have Occurred Decades Ago: Kerala HC Dismisses Plea Of 77-Yr-Old Husband [Read Judgment]

Live Law  

‘When the children are major, surely they cannot be compelled to give blood sample in a civil proceeding where they were not parties.’Dismissing the plea of a 77-year-old husband, the Kerala High Court has observed that DNA test cannot be used as a shortcut to establish infidelity that might have occurred decades ago.The man had approached the family court seeking …

DNA Forensics: Bridging the Knowledge Gap to Enhance Justice Delivery in India
7 years, 4 months 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 tests cannot be ordered to prove ‘bald allegations’ of infidelity: Delhi HC summarizes principles for ordering DNA test [Read Judgment]
8 years, 6 months ago

DNA tests cannot be ordered to prove ‘bald allegations’ of infidelity: Delhi HC summarizes principles for ordering DNA test [Read Judgment]

Live Law  

In an elaborate judgment which discusses principles and precedents governing consideration of application seeking direction for a DNA test, a Division Bench of Delhi High Court has held that the strong presumption under Section 112 of the Indian Evidence Act of legitimacy of a child born during marriage can only be rebutted by “strong, clear, satisfying and conclusive” evidence. In …

Mumbai: Family court rejects man’s plea to conduct DNA test on sons
9 years, 10 months ago

Mumbai: Family court rejects man’s plea to conduct DNA test on sons

Hindustan Times  

Taking the delay in filing the petition into account, the family court rejected a man’s plea seeking DNA test of his sons, aged 36 and 28, to establish their paternity and prove that his wife was having an affair. HT Image The court was hearing the divorce petition filed by the man’s wife on grounds of cruelty and desertion. The …

In clash over parenthood, DNA test an accurate proof, says Supreme Court [Download Judgment]
11 years, 2 months ago

In clash over parenthood, DNA test an accurate proof, says Supreme Court [Download Judgment]

Live Law  

A Supreme Court bench of justice CK Prasad and justice JS Khehar held DNA test as the accurate proof in a dispute over the parenthood of a child and said a person cannot be forced to pay maintenance to such a child. The Supreme Court held the proof based on scientific advancement "must prevail" over the definite proof envisioned under …

'DNA experts could also be guilty of giving false results'
12 years, 5 months ago

'DNA experts could also be guilty of giving false results'

Firstpost  

Firstpost speaks with GV Rao, DNA analyst and former chief staff scientist at the Hyderabad-based Centre For DNA Fingerprinting and Diagnostics about DNA testing in the country. In an in-depth interview to Firstpost, GV Rao, DNA analyst and former chief staff scientist at the Hyderabad-based Centre For DNA Fingerprinting and Diagnostics discussed of critical issues facing the DNA testing in …

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