Criminal Procedure Code, 1973, Section 293, Evidence Act, 1872, Section 45 -- Narco Analysis Test - Even if petitioner voluntarily submits for subjecting himself for Narco Analysis Test, there is no guarantee that statements would be voluntary - So even if Court permits petitioner to undergo a Narco Analysis Test, it has no acceptability in the eye of law...........
Criminal Procedure Code, 1973, Section 293, Evidence Act, 1872, Section 45 -- Narco Analysis Test - Revelations brought out during Narco Analysis under influence of particular drug cannot be taken as conscious act or statement given by a person...........
Criminal Procedure Code, 1973, Section 293, Evidence Act, 1872, Section 45 -- Narco Analysis Test - Petitioner wanted to subject himself to Narco Analysis Test, which is necessary to buttress his statements u/s 313 Cr.P.C - However, possibility of accused himself making exculpatory statements to support his defence also cannot be ruled out - There is no mechanism or..........
Criminal Procedure Code, 1973, Section 293 -- Report of FSL is a public document and is admissible in evidence - There is no requirement to call Director of laboratory to get report proved...........
Criminal Procedure Code, 1973, Section 293(4) -- Chemical Analyser's report is admissible in evidence, though not exhibited in view of S.293(4) Cr.P.C...........
Criminal Procedure Code, 1973, Section 293 -- Scientific evidence - DNA profiling - Conviction can be based on DNA report of accused, if it undoubtedly assures involvement of accused in commission of offence and it is unambiguous, indubitable and demonstrably manifest commission of offence by accused only - But vague and inconclusive DNA report cannot be a basis for..........
Indian Penal Code, 1860, Section 376, 506, Criminal Procedure Code, 1973, Section 293 -- Rape of daughter by her own father - Scientific evidence - DNA profiling - There was strong possibility of presence of traces of DNA profiling on bed sheet, as being father and daughter - However, it is not mentioned in report that these DNA profiling were obtained from semen on bed..........
Criminal Procedure Code, 1973, Section 293 -- Medico Legal Certificate (MLC) and Post Mortem Report (PMR) - Difference in number of injuries as reflected in MLC and PMR - MLC is only a preliminary examination whereas, PMR is a detailed examination, later takes precedence over observations made in an MLC...........
Criminal Procedure Code, 1973, Section 293 -- Report of FSL - Admissibility - Report of FSL even though admissible in evidence u/s 293 Cr.P.C without examination of handwriting expert, however, report itself is not a conclusive proof and credibility of same can be demolished by examining private handwriting expert...........
Criminal Procedure Code, 1973, Section 293 -- FSL report - Non examination of author of report - It is a fatal error in the case...........
