#DNA Evidence

The Chhattisgarh High Court acquitted a POCSO accused after the prosecution failed to establish the victim's minority through statutory records or an ossification test, reiterating that school registers and similar documents are primary proof of age. The court further clarified that while DNA evidence may confirm sexual intercourse, it cannot substitute for proof of lack of consent to establish rape.

Madhya Pradesh High Court grants bail in a POCSO case where the DNA report is negative and the prosecutrix denies physical access, underscoring the importance of evidentiary gaps and prolonged custody. The ruling reinforces that bail cannot be denied solely on the gravity of charges without substantive proof.

Madhya Pradesh High Court rules that DNA evidence can independently sustain a conviction under the POCSO Act, even if prosecution witnesses turn hostile. The judgment reinforces the primacy of forensic evidence in sexual offence cases, setting a precedent for reliance on scientific proof over testimonial inconsistencies.

The Karnataka High Court ruled that DNA evidence, even under the POCSO Act, cannot sustain a conviction if material witnesses turn hostile and sample integrity is compromised. The judgment reinforces that forensic evidence must be corroborated by reliable testimony to meet the standard of proof beyond reasonable doubt.

Karnataka High Court grants bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, emphasizing that DNA evidence exonerating the accused and hostile witness testimony undermine the prosecution's case. The ruling sets a precedent for bail considerations in POCSO cases where scientific evidence contradicts allegations.

Bombay High Court affirms that the 'last seen' theory, combined with DNA evidence, recovery of victim’s belongings, and medical testimony, constitutes a complete chain of circumstantial evidence sufficient for conviction under Section 302 IPC. The ruling underscores that concurrent sentences for Sections 302 and 201 IPC are permissible when the offences are interlinked.

Karnataka High Court ruled that IPC charges under Section 376(2)(n) fail when DNA evidence excludes the accused as the biological father, even if POCSO allegations remain for trial. This sets a precedent for bail jurisprudence where biological proof is pivotal to IPC sexual offence charges.

Madhya Pradesh High Court sets aside conviction under IPC Section 366 and POCSO Act after trial court failed to question the accused on DNA evidence under Section 313 CrPC, remanding the case for fresh trial. The ruling underscores the mandatory nature of Section 313 examination to ensure fair trial rights.

Madhya Pradesh High Court grants bail under BNSS Section 483 where DNA evidence excluded the accused and trial delays risked unjust pre-trial detention. The ruling underscores that prolonged incarceration without trial conclusion violates bail jurisprudence, even in POCSO cases, absent flight risk or evidence tampering.

Patna High Court granted bail to a POCSO convict after five years in custody, emphasizing that DNA evidence excluding paternity and prolonged detention without trial progress violated the right to a fair trial under Article 21. The ruling underscores that statutory presumptions under POCSO cannot override factual anomalies and undue delay in justice delivery.

Madhya Pradesh High Court rules that conviction under the POCSO Act cannot rely solely on DNA evidence without corroboration, suspending a 20-year sentence pending appeal. The court imposed strict bail conditions, emphasizing the need for additional evidence to sustain convictions in sexual offence cases.

MP High Court suspends a 10-year rape conviction after finding procedural lapses in DNA evidence collection and an unexplained month-long FIR delay. The ruling underscores that forensic evidence must be rigorously proven in court, not merely submitted, to sustain convictions under Section 376 IPC.

The Madhya Pradesh High Court set aside a conviction under POCSO and IPC 376(3) after finding the prosecution failed to establish the integrity of DNA evidence or verify the minor’s age through official records. This ruling reinforces that in sexual offense cases involving children, procedural lapses in evidence collection cannot be overlooked - even when the offense appears grave - and shifts the burden squarely onto the state to meet foundational evidentiary standards.

Tripura High Court affirms that DNA evidence, disclosure statements, and adverse inference from silence under Section 313 CrPC can collectively sustain convictions for gang rape and murder even in the absence of eyewitnesses. The ruling reinforces the probative value of forensic and circumstantial evidence in heinous crimes, setting a precedent for similar cases.

Bombay High Court rules that mild intellectual disability negates valid consent under Section 376(2)(j) and (l) IPC, even if the victim performs daily chores. The court relied on conclusive DNA evidence and expert testimony to dismiss the appeal, reinforcing that cognitive impairment invalidates consent in rape cases.