Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 6 -- Bail - Offence u/ss 363, 366-A IPC and Ss.3, 4, 6 of POCSO Act - In absence of DNA report and the fact that prosecutrix not supported the case of prosecution while appearing in witness box and rather declared..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib), 23(1)(a) -- Divorce - Cruelty and desertion - Petition by husband - Husband after birth of child had not taken any step to see child till the date of his deposition in Court - Such a conduct along with prayer to make DNA test amounts to humiliate wife and child in public eyes in society - A wronged party cannot take..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 376(2)(n), 376(2)(j), 376(2)(m), 376A, 302, 201 -- Kidnapping, rape and murder of 13 years old girl - Circumstantial evidence - Deceased was last seen with accused and on earlier occasions too was seen being enticed by accused - DNA evidence using established STR technique has proved that accused committed sexual..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 376(2)(n), 376(2)(j), 376(2)(m), 376A, 302, 201 -- Kidnapping, rape and murder of 13 years old girl - Circumstantial evidence - Death sentence - Case does not fall under rarest of rare case due to residual doubts as follows: (i) Crucial witness of last seen theory is partly inconsistent in cross-examination and quickly..........
Evidence Act, 1872, Section 112 -- DNA test - Court must be thoroughly satisfied that parties to marriage did not have any access to each other during crucial period of 280 days, as provided u/s 112 of the Act - Unless this important fact is satisfied before Court, parties cannot be subjected to DNA test...........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Matrimonial case pending between parties - Husband filed application for DNA test of himself, wife and her child - Wife stayed with him only for 3 days and there was no cohabitation even during those three days and thereafter she left matrimonial home - Husband alleged that after leaving matrimonial home,..........
Indian Penal Code, 1860, Section 376D, 323, 342, 506, Protection of Children from Sexual Offences Act, 2012, Section 4, Evidence Act, 1872, Section 3 -- Rape of minor - Appreciation of evidence - As per prosecutrix, she was beaten severely by accused - However, as per medical record, no mark of external injury was found on her body though according to doctor`s opinion,..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - DNA test to determine paternity of child should not be directed as a matter of course - Court has to consider various diverse aspects including presumption u/s 112 of the Act...........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Suit for maintenance - Grandfather/petitioner made application for getting DNA test of opposite party No.1, who alleged to be his granddaughter - No categorical plea to the effect that parties had no access to each other during marriage - Only assertion in written statement is that after some time, opposite..........
Criminal Procedure Code, 1973, Section 53 -- DNA test during investigation - Not permissible without carrying out substantial investigation - Moreso when in the investigation conducted no such material is brought on the basis of which it could be opined that conducting DNA test is necessary - Impugned order directing conducting of DNA test set aside...........
