Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 379B, 304, 411, 34 -- Bail - Offence u/ss 379-B, 304, 411, 34 IPC - Accused is in custody since 02.03.2022 - There is no likelihood of trial concluding in near future as 18 more PWs remain to be examined - Accused is not involved in any other criminal case - Bail granted to accused...........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Evidence of DNA test to rebut conclusive presumption available u/s 112 of the Act can be allowed only when there is compelling circumstances linked with access. (As per judgment of B.V.Nagarathna, J.)..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Matrimonial dispute - Children have right not to have their legitimacy questioned frivolously before a Court of law, is part of their right to privacy - They are not subjected to forensic/DNA testing particularly when they are not parties to divorce proceeding. (As per judgment of B.V.Nagarathna, J.)..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Access and non-access must be in context of sexual intercourse i.e in the sexual sense - There could be non-access between husband and wife despite co-habitation - Conversely even in absence of actual co-habitation there could be access. (As per judgment of B.V.Nagarathna, J.)..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Conclusive presumption of paternity of a child born during subsistence of a valid marriage is that child is that of husband and it cannot be rebutted by mere DNA test report - What is necessary to rebut is proof of non-access at the time when child could have been begotten, i.e at the time of its..........
Evidence Act, 1872, Section 114(h) -- Presumption u/s 114(h) of the Act - Presumption is discretionary and not mandatory. (As per judgment of B.V.Nagarathna, J.)..........
Evidence Act, 1872, Section 112 -- Paternity of child - DNA test - Law as to: (a) DNA test of a minor child is not to be ordered routinely in matrimonial disputes - Proof by way of DNA profiling is to be directed in matrimonial disputes involving allegations of adultery/infidelity, only in matters where there is no other mode of proving such assertions; (b) Court would not..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - No plea has been raised by husband as to non-access in order to dislodge presumption u/s 112 of the Act - Husband has specifically claimed that he is in possession of call recordings/transcripts and daily diary of wife which would point infidelity of wife - It is not a case where DNA test would be only..........
Evidence Act, 1872, Section 112 -- DNA test - Matrimonial dispute - Paternity of child - Principles as to when DNA test of minor child may be directed : (i) That DNA test of a minor child is not to be ordered routinely, in matrimonial disputes - Proof by way of DNA profiling is to be directed only in matters where there is no other mode of proving such assertions; (ii) DNA..........
Indian Penal Code, 1860, Section 302, 364, 201 -- Double murder case - Circumstantial evidence - Motive - Bald allegation made by prosecution that sum of Rs.80,000 was taken by two deceased from `B' who was owner of shop where accused was working - However, said amount was not payable or due from accused - No evidence is led by prosecution to show that accused would have..........
