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IN THE HIGH COURT OF DELHI AT NEW DELHI
Neena Bansal Krishna
Nand Kishor, S/o Sh.Babu Lal – Appellant
Versus
State – Respondent
JUDGMENT :
NEENA BANSAL KRISHNA, J.
1. Petition under Section 482 of the Code of Criminal Procedure, 1973 (‘ Cr.P.C ’ hereinafter) has been filed on behalf of the Petitioner/father of the deceased to conduct the DNA test from the clothes of the deceased and of accused Hari Singh Yadav @ M.P in case FIR No.260/2013 under Section 307/302/34 of the Indian Penal Code, 1860 (‘ IPC ’ hereinafter), P.S.Vijay Nagar, Delhi.
2. It is submitted that the aforesaid FIR 260/2013 was registered on the DD No.55B dated 18.05.2013 about a person having been injured. Subsequently, on 23.05.2015 injured Vikram died and Section 302 IPC was added. The accused Hari Singh Yadav @ M.P was arrested on 19.05.2013 at the pointing out of the brother of the deceased.
3. The Charge Sheet was filed and Charges framed after which the entire Prosecution evidence has been recorded. The case is pending before the learned Sessions Judge, at the stage of final arguments.
4. At this stage of Final arguments, Application under Section 293 (4)(f) Cr.P.C read with Section 45 of the Indian Evidence Act, 1872 was filed on behalf of the Complainant (father of the deceased) for directing the IO/Prosecution to conduct DNA test of th
The court emphasized the necessity of scientific evidence, allowing DNA testing despite procedural delays, to ensure fair adjudication in a circumstantial evidence case.
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....
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 testing is permitted in rape cases to establish paternity and ascertain the truth, with the right to privacy yielding to public interest in justice.
The court held that demands for DNA testing must respect privacy rights and are only permissible when directly relevant to the charges at hand.
The court ruled that a DNA report, while significant, must be proved in court before it can be relied upon in a bail application, emphasizing the presumption of innocence.
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 established that DNA testing is essential in cases of alleged false implication in sexual assault, balancing the rights of the accused and the victim.
The Court can order a DNA test under Section 53A of CrPC even at a later stage, and the exercise of power under Section 311 Cr.P.C. should ensure a just decision without causing prejudice to the accu....
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