Evidence Act, 1872, Section 112 -- DNA test - Whether there was any legal marriage performed between parties is not significant when it comes to a DNA test to be performed for establishing paternity...........
Evidence Act, 1872, Section 112 -- DNA test - It is misconception that only a valid and legal marriage leads to parenthood - A biological child would equally be an offspring as like a child born out of a legal wedlock - A child born out of relationship between a male and female will render both to parenthood...........
Evidence Act, 1872, Section 112 -- DNA test - DNA structure varies amongst each individual - DNA can be found in the human body and samples from semen, hair, blood, flesh can establish a DNA matching with DNA of another human being...........
Evidence Act, 1872, Section 112 -- DNA test - Suit for partition and separate possession - Petitioner No.1 and respondent No.7 claim to be children of respondent No.1 & Petitioner No.2 - Respondent No.1 father denied the factum of his wedlock with petitioner No.2 mother - Whether there was any legal marriage performed between respondent No.1 and petitioner No.2 would not..........
DNA Test -- Appellant claimed to be daughter of respondent and applied for paternity test to be conducted - Trial Court directed to proceed with DNA test as sought by appellant - Appeal allowed...........
Criminal Procedure Code, 1973, Section 313 -- Statement u/s 313 - Putting of DNA report - Held, DNA report can be put to accused in his additional statement u/s 313 Cr.P.C. if its genuineness is admitted by defence or it is duly proved as per provisions of law by examining concerned expert...........
Criminal Procedure Code, 1973, Section 293 -- DNA report of CDFC, Hyderabad - Cannot be read in evidence unless it is proved according to provisions of Evidence Act...........
Criminal Procedure Code, 1973, Section 53A, Indian Penal Code, 1860, Section 376 -- Rape - Medical examination of accused - Provision of S.53-A Cr.P.C. is mandatory in nature - Once a person is arrested on a charge of committing an offence of rape, the offender should be subjected to medical examination for his DNA profile...........
Indian Penal Code, 1860, Section 302, 376, 201 -- Rape and murder of 7 years girl - PW1 scribe of FIR did not disclose to anyone that he had last seen the appellant with the deceased - Not mentioned in the FIR - Casts a serious doubt on last seen evidence - PW2 made no disclosure in the night regarding last seen - Human semen found on the underwear and T-shirt of appellant..........
Evidence Act, 1872, Section 21, 24, Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Extra-judicial confession - Confession made by accused to his friend which is proved to be voluntary - Even, motive is proved on record - Moreover, FSL report and DNA report matched with blood group of deceased - Prosecution proved its case beyond reasonable doubt..........
