Indian Penal Code, 1860, Section 363, 366A, 376, 201 -- Kidnapping and rape of 5 years old minor girl - Accused committed rape of 5 years old girl in a truck - Missing of girl was reported immediately to police and within three hours girl was recovered - Accused was arrested on the same day and on his information truck was seized - Mobile Unit of FSL inspected truck and..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Merely on the basis of bald statement of husband making allegations without appropriate legal evidence, it would not be appropriate to allow DNA test to be conducted - Husband has to establish beyond reasonable doubt about his no, excess to his wife during entire period - Having failed to prove the same,..........
Civil Procedure Code, 1908, Section 75(e), 151, Order 26, Rule 10A -- DNA profiling - Plaintiff's biological relationship - In the instant case presumption u/s 112 of Evidence Act not attracted - If appointment of Court Commissioner for scientific investigation of DNA profiling of blood samples of plaintiff and defendant No.3 is ordered to prove plaintiffs biological..........
Indian Penal Code, 1860, Section 376, 354, 506, 34 -- Rape of minor girl by her own father - Victim aged about 14 years stated that her father/accused committed multiple times sexual intercourse since she was about 11 years of age - She became pregnant and her pregnancy was forcibly terminated by accused - DNA report establishing accused as father of unborn child -..........
Indian Penal Code, 1860, Section 376(d), 506(2), 114, Protection of Children from Sexual Offences Act, 2012, Section 4, Evidence Act, 1872, Section 3 -- Rape - Appreciation of evidence - Delay of 9 months in lodging FIR not satisfactorily explained - Even, DNA test confirms that none of the accused person are biological father of the child delivered by prosecutrix -..........
Indian Penal Code, 1860, Section 302 -- Murder - Absence of DNA evidence - Does not lead to adverse inference against party, especially in presence of other cogent and reliable evidence on record in favour of such party...........
Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34 -- Murder of five persons, robbery and rape of one lady - Forensic evidence - No forensic evidence is on record which corroborates the prosecution case - DNA samples were collected during investigation and in fact sent for DNA analysis, but prosecution never presented report to Court - No public..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Husband and wife stayed together till 2005 and child born in 2006 - Such circumstances satisfy necessary ingredients to draw presumption u/s 112 of the Act - However, said presumption is rebuttable - DNA test report is categorical that husband is not the father of child - Wife not contested the said report..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Non-consummation of marriage by wife - Paternity of child is disputed - Husband and wife both stayed separately for over 14 years - DNA test report proved that child born to wife is not of husband - Even testimonies of PWs demonstrates that both husband and wife not lead a happy marital life - Mental..........
Evidence Act, 1872, Section 165 -- DNA test - Delay of 9 years in filing application for DNA test and for taking on record DNA Test Report - Suit is at the final stage - Application rightly dismissed...........
