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Accused Claiming Non-Access to Rape Victim Can Request Paternity Test to Support Defense: Calcutta High Court

03 Dec 2024 4 min read
Accused Claiming Non-Access to Rape Victim Can Request Paternity Test to Support Defense: Calcutta High Court

In a recent judgment concerning the interpretation and application of Section 112 of the Indian Evidence Act, the legal presumption of a child's legitimacy within marriage was addressed. The case examined the intricacies of determining paternity and legitimacy when allegations of infidelity and non-access are made. The case also involved the use of scientific evidence like DNA testing, but the legal presumption under Section 112 was upheld in favor of…

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