SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

MOUSHUMI BHATTACHARYA, B. R. MADHUSUDHAN RAO
Clawrance Fransis – Appellant
Versus
State of Telangana – Respondent


Advocates:
Counsel for the Parties:
For the Appellant: Sri P. Krishna Prakash, learned counsel
For the Respondent-State: Sri M. Rama Chandra Reddy, the learned Additional Public Prosecutor appearing

ORDER

Moushumi Bhattacharya, J.—The petitioner/appellant seeks permission for a second DNA Test by offering fresh blood samples and for comparing the same with the samples earlier drawn and preserved by the prosecution.

2. The petitioner was the Accused No.1 before the Trial Court in Sessions Case PCS No.70 of 2022. By the impugned judgment dated 30.12.2024, the petitioner/A.1 was found guilty of the offence under section 5 read with section 6 of The Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and was sentenced to rigorous imprisonment for Life and a fine of Rs.10,000/-. The Accused No.2 was found guilty of the offences under section 5 read with section 6 of the POCSO Act and section 506 of The Indian Penal Code, 1860, and was sentenced to rigorous imprisonment for 20 years and 2 years, respectively.

3. The particulars of the factual matrix before the Trial Court or the substantive challenge to the impugned judgment are not relevant for the present I.A. since that would be the subject matter of the Appeal. The only point of relevance is whether the petitioner/A.1 should be permitted to undergo a second DNA Test.

4. The short point is whether the petitioner has

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top