Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Conducting of DNA test can only be directed, when case falls outside the presumption as provided u/s 112 of the Act...........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Husband and wife were living together at the time of birth of child - Husband thus, was having access for cohabitation - Question regarding presumption u/s 112 of the Act does not arise...........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - DNA paternity Test requires to be conducted only in exceptional cases and therefore, child cannot be used as a weapon to get divorce on the ground of adultery on the strength of outcome of a DNA paternity Test...........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - It is necessary for party concerned firstly to prove that there was no access between husband and wife and only thereafter benefits of exceptional exclusion from purview of S.112 of the Act can be extended to aggrieved party...........
Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Indian Penal Code, 1860, Section 375 -- Rape - Emission of semen - DNA - Semen of accused found on underwear of prosecutrix is sufficient to prove guilt of accused in commission of offence - DNA profile also stating that DNA profiles generated from Blood sample of accused are similar with DNA profiles..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Husband categorically admitted that he used to visit wife every weekend - Evidently, couple had access to each other - Child was born to couple having access to each other and during subsistence of valid marriage between them - Presumption u/s 112 of the Act gets attracted - Paternity of child held, cannot..........
Evidence Act, 1872, Section 112, 45 -- DNA test - Paternity of child an admitted fact and not a question in controversy - DNA examination is quite unnecessary in such a case - Application for DNA test rejected...........
Evidence Act, 1872, Section 3 -- Ocular evidence and medical evidence - When ocular evidence was not supporting, conviction ought not to have been based only on DNA test report i.e medical report...........
Indian Penal Code, 1860, Section 376(2)(I) -- Rape - DNA report - DNA samples of accused, victim and child was taken and accused and victim concluded to be biological parents of child as per prosecution - However, no evidence on record as to exactly when victim delivered the child, for how many days child was alive, when samples of child were taken and by whom - Even,..........
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.)..........
