Bail -- Prosecutrix Turning Hostile Despite DNA Match -- DNA report matching accused does not by itself establish absence of consent
(i) Protection of Children from Sexual Offences Act, 2012, S.29 -- Bail -- Prosecutrix Turning Hostile Despite DNA Match -- DNA profiling report may establish biological sexual contact prima facie but does not by itself establish absence of consent, an essential ingredient of the offence. Statutory presumption raised on establishment of foundational facts is rebuttable, and an accused is entitled to point to material showing such facts are not prima facie established or that trial evidence rebuts the presumption. (ii) Bharatiya Nagarik Suraksha Sanhita, 2023, S.483 -- Bail -- Disputed Age of Prosecutrix and Examination of Material Witnesses -- Where material on record contradicts the age shown in the school leaving certificate and raises a debatable question on whether the prosecutrix had attained majority, and material witnesses have already been examined at trial reducing the likelihood of tampering, these factors weigh in favour of grant of bail.
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