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Checking relevance for Irfan Alias Bhayu Mevati VS State of Madhya Pradesh...
Checking relevance for Mukesh VS State for NCT of Delhi...
Checking relevance for Arvind @ Chhotu Thakur VS State of Madhya Pradesh...
Checking relevance for Manoj VS State of Madhya Pradesh...
Checking relevance for Nandlal Wasudeo Badwaik VS Lata Nandlal Badwaik...
Checking relevance for Afan Ansari son of Safruddin Ansari VS State of Jharkhand...
Checking relevance for Narendra Singh Negi VS State of Uttarakhand...
Narendra Singh Negi VS State of Uttarakhand - 2023 0 Supreme(UK) 240 : Yes, DNA can be considered conclusive evidence in POCSO cases. The court explicitly stated that the ''''conclusive DNA report, along with the victim''''s age and consistent testimony, formed the basis for affirming the trial court''''s decision'''' and played a ''''pivotal role in establishing the appellant''''s guilt beyond reasonable doubt'''' in offenses under the POCSO Act, including rape of a minor girl.Checking relevance for Prakash S/o. Dhansing Chavan VS State Of Maharashtra...
Prakash S/o. Dhansing Chavan VS State Of Maharashtra - 2021 0 Supreme(Bom) 1748 : Yes, DNA can be considered conclusive evidence in POCSO cases. The court explicitly held that DNA testing conclusively determined the appellant as the natural father of the child born to the victim, and relied on this evidence to establish guilt despite the victim''''s testimony turning hostile. The judgment establishes that courts may rely on DNA testing as conclusive evidence to prove paternity and establish the accused''''s guilt under the POCSO Act, and that the benefit of the doubt may be rejected based on such conclusive evidence.Checking relevance for Jafrudeen @ Jafru VS State of Rajasthan Through PP...
Jafrudeen @ Jafru VS State of Rajasthan Through PP - 2023 0 Supreme(Raj) 1015 : The court emphasized that the DNA report''''s evidentiary value is corroborative, and in this case, the doubts surrounding the recovery of evidence undermined the corroborative value of the DNA report, leading to the acquittal of the appellant. Therefore, DNA cannot be considered conclusive evidence on its own; its value is limited to corroborating other evidence, and doubts in the chain of custody or recovery process can negate its probative force.Checking relevance for Sanjay Prasad son of Om Prakash Bhagat VS State of Jharkhand...
Sanjay Prasad son of Om Prakash Bhagat VS State of Jharkhand - 2022 0 Supreme(Jhk) 818 : Yes, DNA evidence can be considered conclusive evidence in POCSO cases. The court held that when there is a conflict between a legal presumption (such as Section 112 of the Evidence Act) and scientific evidence like DNA test results, the latter must prevail. The court emphasized that ''''the truth must prevail'''' and that ''''when there is evidence to the contrary, the presumption is rebuttable and must yield to proof.'''' In this case, the DNA test report conclusively proved that the accused was not the biological father of the victim''''s child, leading to the quashing of the criminal proceeding. The court explicitly stated that ''''the result of DNA test is said to be scientifically accurate'''' and that ''''where there is evidence to the contrary, the presumption is rebuttable and must yield to proof.'''' Therefore, DNA evidence, being scientifically accurate and conclusive, can override legal presumptions in POCSO cases.Checking relevance for Ramji Bavla Koli VS State Of Gujarat...
Checking relevance for Kishan Lal @ Champa Yadav, Son of Shri Mahruram VS State of Chhattisgarh, through Police Station Ghumka, District Rajnandgaon (Chhattisgarh)...
Kishan Lal @ Champa Yadav, Son of Shri Mahruram VS State of Chhattisgarh, through Police Station Ghumka, District Rajnandgaon (Chhattisgarh) - 2023 0 Supreme(Chh) 94 : DNA evidence cannot be considered conclusive proof of identity or guilt in a POCSO case. While DNA reports are scientifically accurate and highly reliable, they are not infallible and must be evaluated in the context of other evidence. The Supreme Court has held that DNA evidence is opinion evidence under Section 45 of the Indian Evidence Act and its probative value varies depending on the facts and circumstances of each case. In cases involving POCSO, DNA evidence can corroborate other evidence but cannot alone establish guilt beyond reasonable doubt. The court emphasized that even if DNA matches, it does not conclusively prove identity, and the possibility of contamination, quality control issues, or procedural flaws must be considered. Therefore, DNA cannot be treated as conclusive evidence in POCSO cases.
