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Supreme Court Allows DNA Test to Determine Paternity in Civil Suit for Declaration of Status. Court holds that DNA test is necessary to ascertain truth and does not violate right to privacy when ordered in a civil proceeding for declaration of paternity.

The appellant, Chaturbhuj Pradhan (CP), was aggrieved by concurrent orders of the First Additional Civil Judge, Class-II, Basna and the High Court of ...

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Bombay High Court Dismisses Appeal in POCSO Case — DNA Evidence Conclusive Despite Hostile Victim. Conviction Under Section 376(2)(i)(n) IPC and POCSO Act Upheld as DNA Report Proved Appellant as Biological Father of Aborted Fetus of Mentally Retarded Minor.

The appellant, Shaktiman Sondawale, was convicted by the Additional Sessions Judge, Nagpur, for offences under Section 376(2)(i)(n) IPC and Sections 5...

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High Court of Bombay at Goa Acquits Accused in Murder and Robbery Case Due to Lack of Conclusive Circumstantial Evidence and Flawed Investigation. Conviction under Sections 302 and 392 IPC Set Aside as Circumstantial Evidence Did Not Form Complete Chain Pointing to Guilt.

The appellant, Snehal Dias, was convicted by the Special Judge, NDPS, Mapusa, for the murder of Naresh Dourado and robbery of his car and other items,...

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Bombay High Court Allows DNA Test in Partition Suit to Determine Paternity — Application for DNA Test Allowed as Crucial Evidence to Establish Legal Wedlock and Paternity

The petitioners, original plaintiffs in a partition suit (RCS No.186/2002), challenged the order dated 20/06/2012 passed by the learned Civil Judge, J...

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High Court Acquits Accused in POCSO and IPC Rape Case Due to Unproven Minority Status and Negative DNA Evidence - Benefit of Doubt Granted

The appellant was convicted by the Trial Court for offences under IPC and POCSO Act for allegedly having forcible sexual intercourse with a minor vict...

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Bombay High Court Acquits Accused in Gang Rape Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Section 376(2)(g) IPC set aside as testimony of prosecutrix failed to inspire confidence.

The case involves two appeals filed by Samundersing Mahipal Sing and Rajnishkumar Sureshchandra Kumar against their conviction by the Additional Sessi...

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Madras High Court Acquits Accused in POCSO Case Due to Inconsistent Evidence and Lack of Corroboration. Penetrative Sexual Assault Conviction Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt Under Section 5(l) r/w 6 of Protection of Children from Sexual Offences Act, 2012.

The appellant, Murugan, was convicted by the Fast Track Mahila Court, Theni, in Special S.C.No.27 of 2020 for offences under Section 5(l) read with Se...

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Bombay High Court Upholds DNA Test Order in Divorce Case to Determine Paternity of Child Born from Second Marriage. The court held that DNA test is a scientific method to determine paternity and is in the interest of justice to ascertain the truth under Section 13 of the Hindu Marriage Act, 1955.

The petitioner-husband, Sunil Eknath Trambake, and the respondent-wife, Leelavati Sunil Trambake, were married on 4th April 1986 and had a female chil...

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Supreme Court Quashes DNA Test Order in Fake Caste Certificate Case — Roving and Fishing Enquiry Not Permitted Without Substantial Investigation. Section 53 CrPC Does Not Justify Premature DNA Test Without Investigation Material.

The appeal arose from a judgment of the High Court of Andhra Pradesh dismissing the appellant's application under Section 482 CrPC for quashing an ord...