Showing : 91-100 of 200 Results

CALCUTTA HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 112, 114-- DNA test - Rape case - Accused cannot be compelled to undergo DNA test - However, presumption would be drawn against him if he does not choose to undergo DNA test...........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 112, 114, Indian Penal Code, 1860, Section 376, 417-- DNA test - Rape case - Allegation that accused cohabited with prosecutrix on the false promise of marriage as a result she become pregnant and gave birth to a child - However, during cross-examination defence put a suggestion that accused has not fathered the child born to prosecutrix - In view of..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 293-- Report of scientific expert - DNA test was not carried out in a government laboratory and instead was done at a private laboratory in violation of norms - PW10 doctor who was examined in connection with DNA test, admittedly had no expertise in the line and his evidence is, thus, for all intents..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Evidence Act, 1872, Section 45-- DNA test - Recovery of dead body in decomposed condition - Offence u/ss 304-B, 498-A, 201 IPC - DNA test report being bereft of particulars of test conducted and results thereof which ipso facto does not meet the requirements of an expert opinion to decisively conclude that dead body was that of..........
UTTARAKHAND HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 376, 302, Evidence Act, 1872, Section 45-- Rape and murder of 8 years girl - Report of DNA profiling - Prosecution failed to prove that accused was in contact with body of deceased before her death rather contrary is proved that body of accused was in touch with the dead body of deceased after incident has taken place, when dead body was..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 4-- Kidnapping - Rape of 14 years minor girl - Accused took prosecutrix to his room while she was returning from her school and raped her - School bag of prosecutrix was found lying in the verandah room of accused - Prosecutrix narrated the entire incident to her mother - DNA profile of prosecutrix..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Evidence Act, 1872, Section 45, 112, Civil Procedure Code, 1908, Section 151-- DNA test - Paternity of child - Illicit relations between parties - Mother of child herself admits that she was never married to plaintiff but she developed illicit relations with plaintiff out of which petitioner/child was born - Child though born out of illicit relationship, he has every right..........
PATNA HIGH COURT
Year of decision: 2015
Details
Hindu Marriage Act, 1955, Section 13-- Divorce - Plea of illicit relations of wife and birth of a girl child - Wife volunteered for DNA test - Court without considering request of wife passed decree of divorce - Decree set aside - Matter remitted back for decision afresh after getting report of DNA test...........
JHARKHAND HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 164A-- Medical examination - Rape victim - Where `human male DNA profile' could not be detected in vaginal swab of victim, no question would arise for its matching with DNA profile of blood samples of accused persons...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 376-- Rape - Medical evidence has no significance when prosecutrix was medico legally examined after about 1 month and 26 days of occurrence - It is very surprising that even an effort has been made to create such evidence - Moreover, DNA profile of source of clothes of prosecutrix does not match with..........

Showing : 91-100 of 200 Results