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MICHAEL ZOTHANKHUMA, MITALI THAKURIA
Sudip Biswas @ Bura, S/o. Late Prakash Biswas – Appellant
Versus
State of Assam, Rep. by P. P. , Assam – Respondent
ORDER :
M. Zothankhuma, J.
Heard Mr. H.R.A. Choudhury, learned senior counsel assisted by Mr. A. Ahmed, learned counsel for the applicant/applicant. Also heard Ms. B. Bhuyan, learned Addl. PP for the State.
2. This is an application under Section 389 Cr.PC for suspending the sentence imposed upon the applicant on being convicted under Section 376(1) IPC, vide Judgment & Order dated 26.07.2022 passed by the Court of the Sessions Judge, Bongaigaon in Sessions Case No. 49(M)/2018 arising out of Manikpur PS Case No. 176/2016. The applicant has been sentenced to undergo rigorous imprisonment for 12 (twelve) years with a fine of Rs.50,000/- in default to undergo simple imprisonment for 1 (one) year.
3. The prosecution case is that an FIR dated 03.07.2016 was submitted by PW1, which is to the effect that the applicant had raped the victim (PW-7) around 6/7 months back and threatened her that if she disclosed the incident to any person, she would be killed. However, the informant (PW-1), who resided in the same village as the victim PW-7, noticing changes in the body of the victim PW1, made enquiries with the victim regarding the same. Thereafter, the victim disclosed to her (PW-1) that she ha
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.
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....
DNA testing is permitted in rape cases to establish paternity and ascertain the truth, with the right to privacy yielding to public interest in justice.
Point of Law : Question of production of additional evidence by the plaintiff in appeal shall arise only after piece of evidence is available and for that purpose an application has been filed by the....
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....
Paternity of child – DNA Test is not for mere asking but can be resorted to in deserving matters only as it helps in preventing destitution, vagrancy and bastardization.
The only disadvantage to the child which is put forward as an argument against the use of a blood test, not for therapeutic purposes but to ascertain paternity, is that the child is exposed to the ri....
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 ....
The court held that demands for DNA testing must respect privacy rights and are only permissible when directly relevant to the charges at hand.
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