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GITA GOPI
Ramji Bavla Koli – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. The applicant has filed this Revision Application challenging the order dated 09.05.2024 passed by 3rd Additional Sessions Judge at Anjar-Kachchh rejecting the prayer for DNA test below Exh.64 in Special POCSO Case No.11 of 2022 in connection with FIR No.11993003220400 of 2022 registered with Anjar Police Station for the offences punishable under section 376(2)(n) and 506(2) of IPC and sections 4 and 6 of the Protection of Children From Sexual Offences Act, 2012 (for short ‘POCSO Act’).
2. Learned advocate Mr. Ashish Dagli with Ms. Aishwarya H.Chaudhary, learned advocate for the applicant submitted that the applicant being the original accused in the trial before the 3rd Additional Sessions Judge, Anjar-Kachchh had moved an application, Exh.64, while he was put to answer the evidence against him in further statement under section 313 of Cr.P.C., and he had categorically stated in the further statement that he is innocent and he is falsely implicated, and had prayed for DNA test.
2.1 Advocate Mr. Dagli stated that earlier too, in application vide Exh.34/C in Special POCSO Case No.11 of 2022, prayer was made under section 53(A)(2)(iv) of Cr.P.C. for DNA test. Advocate Mr.
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.
Merely because the petitioner had offered to conduct DNA Test it would not mean that the complainant and the minor child can also be subjected to such test without their consent.
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 court emphasized the limitations on the right to privacy in cases involving DNA testing and highlighted the importance of oral evidence and the role of medical evidence as secondary evidence in c....
Paternity of child – DNA Test is not for mere asking but can be resorted to in deserving matters only as it helps in preventing destitution, vagrancy and bastardization.
(1) Paternity of child – DNA tests cannot be ordered merely on vague allegations unless a strong prima facie case is established.(2) DNA test, though a scientific tool, intrudes into personal domain ....
DNA testing is essential in rape cases to establish paternity and guilt, and the right to privacy of the accused must yield to the 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 conviction under the POCSO Act was overturned due to lack of corroborative evidence and DNA results disproving paternity, emphasizing the necessity for reliable witness testimony in sexual crime ....
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