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
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
punjab-haryana
⚖️ Order Date:
22 May 2026
Headnotes
Indian Evidence Act, 1872, S.45, Protection of Children from Sexual Offences Act, 2012, S.6 — DNA/FSL evidence — Value and limits — DNA match on the prosecutrix’s apparel and swabs with the accused’s DNA - Nothing incriminating had been deposed against accused by prosecutrix and father - Without corroborative ocular evidence, is insufficient to prove guilt beyond reasonable doubt. (Paras 14 and 18) Evidence Act, 1872, Ss.154, 155, Criminal Procedure Code, 1973, Section 164 — Hostile witnesses and retracted statement
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