Shri. Rajkishorsingh Ranvirsing Tomar vs The State of Maharashtra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

APPELLATE SIDE,BOMBAY
SANDEEP K. SHINDE, J
Shri. Rajkishorsingh Ranvirsing Tomar – Appellant
Versus
The State of Maharashtra – Respondent

Advocates:
For the Appellants/Petitioners: Ms. Anjali Patil, Mr. Arun Rajput
For the Respondents: Mr. Yogesh Dabke

Table of Content
1. court assesses admissibility of expert testimony. (Para 1)
2. scientific reports admitted without expert presence if not challenged. (Para 2 , 3 , 4 , 5)
3. victim's testimony proves the offense despite initial reluctance. (Para 6 , 7 , 8)
4. established reliance on the victim's testimony supported by dna evidence. (Para 9)
5. dna evidence is reliable if proper sampling procedures are followed. (Para 10 , 11)
6. conviction confirmed based on credible evidence. (Para 12 , 13 , 14)

JUDGMENT :

1. The questions that arise for consideration in this Appeal are, (i) Whether the trial Court was justified in convicting and sentencing the appellant for the offence punishable under Sections 376 , 506 of the Indian Penal Code (“ IPC ” for short) and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (“POCSO Act” for short) for rape of his stepdaughter, when mother of the victim had turn hostile and the conviction was passed on the basis of scientific evidence in the form of Deoxyribonucleic Acid (DNA) Report ?;

(ii) Whether the learned trial Judge was justified in admitting the Report of Assistant Director of State Forensic Laboratory/Scientific Expert u

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APPELLATE SIDE,BOMBAYSANDEEP K. SHINDE, JShri. Rajkishorsingh Ranvirsing Tomar – AppellantVersusThe State of Maharashtra – Respondent

APPELLATE SIDE,BOMBAY
SANDEEP K. SHINDE, J
Shri. Rajkishorsingh Ranvirsing Tomar – Appellant
Versus
The State of Maharashtra – Respondent