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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.MURALI SHANKAR
Kanickaraj – Appellant
Versus
Inspector of Police, All Women Police Station, Periyakulam, Theni District. – Respondent
| Table of Content |
|---|
| 1. overview of the case and allegations. (Para 1 , 2 , 4) |
| 2. context of the further investigation petition. (Para 3 , 5) |
| 3. petitioner's lack of notice in proceedings. (Para 6 , 7) |
| 4. need for dna evidence in pocso cases. (Para 8 , 10 , 12 , 13) |
| 5. limits of compulsion in providing dna samples. (Para 17 , 18) |
| 6. court's dismissal of the revision petition. (Para 19 , 20) |
ORDER :
K.Murali Shankar, J.
The Criminal Revision is directed against the order passed in M.P.No.1 of 2024 in Spl.S.C.No.152 of 2023 dated 15.10.2024 on the file of the Principal Special Court for Exclusive Trial of Cases under POCSO Act, Theni, allowing the petition filed under Section 173(8) of the Code of Criminal Procedure for further investigation.
2. On the basis of the complaint lodged by one Savithiri alleging sexual assault against her minor daughter, FIR came to be registered in Crime No.268 of 2022 against the petitioner herein for the alleged offences under Sections 9 (m) and 10 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. After completing the investigation, the respondent police has filed the final report against the petitioner for the alleged offences under Sections 5 (
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 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 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....
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....
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 trial court can use its inherent powers to order a blood test of the accused, depending on the facts and circumstances of the case, even in the absence of specific provisions.
The impugned direction for obtaining fresh blood samples at the stage of trial did not amount to further investigation, reinvestigation, or fresh investigation, and it did not infringe the petitioner....
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 ....
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