P&H: Declines State’s Plea To Appeal Acquittal In POCSO Case, Says FSL and DNA Alone Can’t Establish Guilt without corroborative ocular evidence
The Punjab and Haryana High Court has refused the State of Haryana’s request for leave to appeal against the acquittal of a man accused of rape under the IPC and aggravated penetrative sexual assault under the POCSO Act. It was held that positive DNA report, without supporting evidence, cannot by itself establish guilt beyond reasonable doubt.
The State had argued that forensic and DNA reports conclusively proved the accused’s involvement, pointing to semen detected on the prosecutrix’s clothing and slides, and a DNA profile that matched the accused. It also contended that school records showed the prosecutrix was a minor,...
