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MOUSHUMI BHATTACHARYA
Sanjay Biswas – Appellant
Versus
State – Respondent
JUDGMENT :
Moushumi Bhattacharya, J.
1. The present criminal revision arises out of an order passed by the learned Special Judge (POCSO), South Andaman District in Special Case No. 58/2018 and Special Trial No. 68/2019.
2. The impugned order was passed on 20.11.2023 on an application filed by the prosecution for taking blood samples of the accused, the victim girl and the minor baby of the victim girl for the purpose of DNA profiling. The order records that the victim girl was present before the Court on the day when the order was passed and filed her consent for collection of her blood sample and that of her baby for DNA profiling.
3. The learned Court directed the Investigating Officer/Station House Officer (IO/SHO) of the Pahargaon Police Station to produce the accused, victim girl and the minor child of the victim girl before the Medical Superintendent of GB Pant Hospital for collection of blood samples for DNA analysis and thereafter send the samples to CFSL laboratory for further reports.
4. The petitioner was the Accused before the Special Court .
5. Learned counsel appearing for the petitioner argues that the application for DNA test was made by the prosecution to fill up th
The main legal point established in the judgment is that the court's power to summon witnesses or examine persons present at any stage of the trial does not extend to creating fresh evidence, especia....
The court affirmed the authority to conduct further investigations post-final report under Section 173(8) of Cr.P.C, ensuring the accused's right to a fair trial.
The central legal point established in the judgment is the importance of DNA verification in rape cases, especially those involving minors, as highlighted in the provisions of section 53-A of the Cri....
The court ruled that failure to provide notice to the petitioner regarding further investigation does not render the subsequent order invalid; DNA evidence collection is vital in POCSO cases.
The court underscores the critical necessity of DNA evidence in proving allegations of sexual assault under POCSO, affirming the legality of further investigation despite procedural shortcomings.
The main legal point established in the judgment is that in criminal cases involving allegations of sexual offenses and disputed paternity, DNA testing can be ordered by the court if it is deemed nec....
DNA test is also available before the Court, which is marked as Annexure-H and only in order to overcome the positive report of the DNA, the petitioner has approached this Court by invoking the writ ....
The court affirmed that the evidence of the prosecutrix is sufficient for conviction in rape cases, and a DNA test is not necessary at an advanced trial stage, balancing this against the right to pri....
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