Back
IN THE GAUHATI HIGH COURT HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
SANJEEV KUMAR SHARMA
Ajay Talukdar S/O Late Bhaban Talukdar – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. factual basis for dna testing application. (Para 2 , 3 , 4) |
| 2. court analysis supporting necessity of dna test. (Para 5 , 7) |
| 3. legal arguments for allowing dna tests. (Para 6) |
| 4. conclusion and directive to the trial court. (Para 9 , 10) |
JUDGMENT :
SANJEEV KUMAR SHARMA, J.
1. Heard Mr. S Hoque, learned counsel for the petitioner. Also heard Mr. B Sharma, learned Additional Public Prosecutor for the State of Assam and Mr. B Sharma, learned Legal Aid Counsel appearing on behalf of respondent No. 2.
2. This is an application under Section 482 of the Cr.P.C for setting aside and quashing the order dated 26.04.2019 passed by the Ld. Additional Sessions Judge, Bajali in Special POCSO Case No. 11/2016 whereby the prayer of the petitioner/accused for conducting DNA test upon the child allegedly fathered by the petitioner with the victim of the case was rejected.
3. The brief of the case is that on 18-12-2016, the Opp. Party No.2, Shri Rabin Talukdar had lodged an FIR before the In-Charge, Patacharkuchi Police Station stating inter-alia that-"the TA complainant’s own daughter XXX is minor aged about 15 years. The accused and complainant are the neighbor of the same village. Th
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
