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VISHAL MISHRA
DURGESH S/o SUKKAN DHURVE – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
ORDER : – Shri Praveen Dhurve, Inspector, Police Station Adegaon, District Seoni is present in person.
2. In compliance of order dated 25-11-2022 an explanation was filed on 3-12-2022, the same is taken on record.
3. This is the second bail application filed by the applicant under section 439 of the Criminal Procedure Code for grant of bail. The first application was dismissed on merit vide order dated 11-2-2022 passed in M. Cr. C. No. 7020 of 2022.
4. The applicant has been arrested on 23-11-2021 by Police Station-Adegaon, District Seoni (M. P.) in connection with Crime No. 363/2021 for the offence punishable under sections 376, 376(2)(n), 363 and 506 of Indian Penal Code and sections 7 and 8 of the POCSO Act.
5. It is pointed out that this application has been filed on the ground that the statements of prosecutrix as well as her mother have been recorded before the trial Court and they have turned hostile. The FSL report is negative. It is further submitted that the applicant is the first offender and is in custody since 23-11-2021. There is no further requirement of custodial interrogation of the present applicant. He is ready to abide by all terms and conditions that may be imp
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 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 main legal point established in the judgment is the adherence to the procedural framework established by law and the protection of the accused's rights under Article 21 of the Constitution.
The judgment establishes the admissibility and conclusiveness of D.N.A. evidence in proving paternity and the incapacity of a mentally challenged individual to consent to sexual intercourse.
(1) Delay in transmission of FIR to court, may not, per se, be fatal, without anything more – Where ocular evidence is found to be unreliable and unacceptable, long delay has to be taken note of by C....
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.
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