DNA Evidence Alone Does Not Establish Lack of Consent in POCSO Cases; It Must Be Assessed Along With Victim’s Testimony: Jammu and Kashmir High Court

The High Court of Jammu & Kashmir and Ladakh has granted bail to Mohammad Ashraf Sheikh, an accused facing trial under the Protection of Children from Sexual Offences Act, 2012 and Section 64 of the Bharatiya Nyaya Sanhita, 2023. Justice Sanjay Dhar held that although a DNA profiling report can constitute strong scientific evidence connecting an accused with biological material, the DNA result alone cannot establish that the sexual act…