A DNA test report, when conducted under judicial direction, prevails over the presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872, as scientific truth must override legal presumptions to serve the interests of justice.

JUDGMENT

INDEX TO THE JUDGMENT

FACTUAL BACKGROUND........................................................................ 2

ARGUMENTS ADDRESSED BY BOTH THE PARTIES ....................... 3

ANALYSIS AND FINDINGS ....................................................................... 6

(i) Section 112 of Indian Evidence Act: The Ingredients........................... 7

(ii) Intent Behind Section 112 of Indian Evidence Act ............................... 9

(iii) Whether DNA Test Can Be Conducted To Rebut Presumption Under Section 112 Of Indian Evidence Act ..................................................... 9

(iv) Precedence of DNA Report over Conclusive Proof Under Section 112 of Indian Evidence Act ................................................................. 11

(v) Appreciating the Contentions Raised By The Parties ......................... 14

THE DECISION .......................................................................................... 16

SWARANA KANTA SHARMA, J.

1. The instant petition has been filed under Section 482 of Code of Criminal Procedure, 1973 (‘Cr.P.C’) by the petitioner seeking setting aside of impugned judgment dated 20.03.2019 passed by learned District and Sessions Judge, South East District, Saket, Delhi (‘learned Sessions Court’) in criminal appeal no. 507/2017 vide which the learned Sessions Court had upheld judgment passed by learned Metropolitan Magistrate, Saket, Delhi (‘learned MM’) in CT Case No. 612349/2016.

FACTUAL BACKGROUND

2. Brief facts of the case are that the petitioner used to work as domestic help/work at the house of respondents for three years i.e. from February 2013 to February 2016. It is alleged that during this period, respondent no. 1 had made sexual advances towards the petitioner and had sexual intercourse on regular basis with the petitioner on the pretext of promise to marry her. As alleged, respondent no. 1 had also compelled the petitioner twice to have sexual intercourse with two of his friends also and when the petitioner had refused to do so, respondent no. 1 had threatened not to marry her in case she will not maintain physical relations with his two friends and, due to such threats, she had performed involuntary sexual intercourse with the said two friends of respondent no. 1 on two occasions in the aforesaid period of three years. The petitioner states that names of those two persons can be disclosed only if this Court directs the petitioner to do so.

3. It is stated that on 02.03.2016, marriage was solemnized between the petitioner and respondent no. 1. On 01.04.2016, a girl child was born to the petitioner, i.e within less than one month of solemnisation of marriage between the parties. On 14.07.2016, a petition under Section 12 of Protection of Women from Domestic Violence Act, 2005 (‘DV Act’) was filed by the petitioner against the respondents before learned ACMM, Saket Court, New Delhi alongwith affidavit of income as well as application for grant of interim maintenance. On 19.01.2017, reply to the petition was filed by the respondents alongwith an application for conducting DNA test to determine the paternity of the child. The said application seeking direct to conduct DNA test was allowed. However, on 01.12.2017, the learned Magistrate had rejected the claim of maintenance of petitioner herein vide first impugned order dated 01.12.2017 on the ground of concealment of income. On 21.12.2017, an appeal was preferred before the learned Se