Negative DNA report does not exonerate an accused in rape cases: Tripura High Court
“The purpose of DNA test in rape case is to facilitate the prosecution to prove its case against the accused and merely because the DNA test has a negative report”.
“The purpose of DNA test in rape case is to facilitate the prosecution to prove its case against the accused and merely because the DNA test has a negative report”.
“The lack of clarity with respect to the actual place of occurrence of the alleged incident along-with lack of specific allegations in testimony cast serious doubt over the case of prosecution.”
“The prima facie conclusion that the accused had not committed any offence under Sections 376(2)(n) and 506 IPC, automatically lead to a conclusion that they had not committed an offence under Section 3(2)(v) of the SC/ST Act.”
In the present case, the accused belonged to the Deprived Scheduled Caste category and was charged with voluntarily causing simple as well as grievous injuries to the person also belonging to Scheduled Caste category by criminally trespassing into his premises.
“POCSO offences are grave and demand stringent punishments along with meticulous investigations to deliver justice. It is imperative for the prosecution to conduct thorough and proper investigations reflecting the severity of these offences.”
Considering how the accused dragged his pet inside the lift, the Court remarked that it showed that he was not compassionate towards his pet and did not care about the informant or his one-and-a-half-year-old son either.
Top criminal cases on quashing of proceedings, arrest, bail, acquittal, and more.
While framing of charges, the Court ought to look at the limited aspect of whether, given the material placed before it, there is grave suspicion against the accused which is not properly explained. Though, for the purpose of conviction, the same must be proved beyond reasonable doubt.
“For mens rea to be established, something better than vague statements must be produced before the Court.”
Supreme Court, while granting interim protection from arrest to Jayanarayan Mishra, issued notice and Dasti notice to the Standing Counsel for the State.
“A commercial dispute, which ought to have been resolved through the forum of Civil Court has been given criminal colour by lifting from the penal code certain words or phrases and implanting them in a criminal complaint.”
The High Court found that a father’s anxiety to meet his daughter was dubbed as criminal trespass and intimidation, however, these offences were loosely laid against the father.
While quashing the impugned criminal proceeding against the petitioners, the Court held that a defaulter borrower holds the secured asset only in trust or symbolic possession and even if the petitioners have entered the said property, the same cannot be marked out as trespassers in other’s’ property.
In a case related to caste-based discrimination against an associate professor of IIT-K by fellow faculty members, the Supreme Court played a conciliatory role and handled a very sensitive matter with equal sensitivity.
Sessions Court, Borivali Division, Mumbai: In a case filed by a minor girl against the accused for offences under Sections 354, 354-D,
POCSO Special Court, at Fort, Gr. Bombay: In a case where charge sheet is filed against the accused for offences
Advocates, in addition to being professionals, are also officers of the courts and play a vital role in the administration of justice.
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