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CHHATTISGARH HIGH COURT
, J
Dilesh Nishad v. State of Chhattisgarh
| Table of Content |
|---|
| 1. application for a dna test in criminal appeals. (Para 1 , 2) |
| 2. arguments regarding the necessity of dna testing. (Para 5 , 6) |
| 3. role of dna in forensic investigation. (Para 10 , 11 , 12) |
| 4. court's discretion on ordering dna tests based on privacy. (Para 14 , 16) |
| 5. final decision to reject the dna test applications. (Para 18) |
1. This order will govern the disposal of I.A. No. 1/2021 that has been filed in both the appeals for direction for DNA test of the appellants herein and the victim including the victim's newly born baby.
2. The two appellants herein were tried by the Special Judge under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the Act of 1989'), Raigarh, for commission of offences under S.376D of the IPC, S.4 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'the POCSO Act') & S.3(2)(v) of the Act of 1989, date of offence being 21/1/2018. During the course of trial, after closure of the prosecution evidence, application under S.311 of the CrPC was filed which was allowed upon which the victim was re - examined and in the statement it was brought on record that on 25/11/2018, the vi
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