In Patna High Court in the case of
Ashok Kumar vs Smt. Bina Roy @ Kumari Bachhi on 19 May, 2017
Patna High Court FA No.524 of 1998 dt.19-05-2017;
the honorable high court has pointed out its judgment thus:
From perusal of the trial court judgment, it appears that the trial court gave much emphasis on the evidence of the wife in view of the provision as contained in Section 112 of the Evidence Act and has not considered at all the settled principles of law laid down by the Supreme Court. Moreover, the reason assigned by the trial court for not relying on the D.N.A. test report from reputed Forensic Science Laboratory, Hyderabad is not acceptable particularly when the Hon'ble Supreme Court repeatedly, as quoted above, held that this report is scientifically accurate and correct. Therefore, when the accurate and correct evidence i.e. scientific evidence is available, the court is not required to investigate further the accuracy or otherwise of the report itself which is always held to be accurate even by the Supreme Court. The scientific report regarding writings of a person can be examined by the court but so far D.N.A. test is concerned, science is now developed and in that matter, the court cannot have a different opinion. The scientific report of D.N.A. report from a reputed laboratory is to be Patna High Court FA No.524 of 1998 dt.19-05-2017 accepted as correct in view of the decision of the Supreme Court referred to above.
The leaned trial court wrongly found fault in the report and tested the same in terms of Section 4 and 112 of the Evidence Act which he could not have done. Thus, I find that the D.N.A. test i.e. paternity test is genuine, valid and acceptable report and I also find that the son born to the wife-respondent is not the son of the appellant.
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