Criminal - Supreme Court DNA--Section 45/112 Indian Evidence Act-- Direction to conduct DNA Test--Dismissal of Application--Merely because something is permissible under Law, cannot be directed as a matter of course--DNA test can violate right of privacy, thus cannot be conducted mechanically. (2) F.I.R u/s 498A/323/354/506 IPC-- Allegations of dowry demand and harassment- Complainant filed application for obtaining expert opinion for DNA test comparing blood samples of her daughters with that of her husband's brother--Basis of this application was her allegation that she was forced to develop physical relationship with husband's brother and two children born out of that relationship--Held, substance of complaint was not related to paternity of children but whether offence of dowry committed or not--Present case can be decided without considering DNA test report--Such direction would violate privacy rights of persons subject to such tests and can be prejudicial to future of children-- Application dismissed. Date of decision--15.09.2022   Criminal - Supreme Court Acquittal--Murder--Extra judicial confession before brother of deceased--Difficult to believe that accused would make confession before brother of deceased--Conviction set aside. -- Section 302 IPC--No eye witness-- Prosecution case based on circumstantial evidence--Grounds of Acquittal :- (1) Confession--Prosecution relied upon extra judicial confession of accused allegedly made before PW-2 and PW-3--PW-2 is brother of deceased and PW-3 is a close acquaintance of deceased--No evidence that accused had any relationship with both of them--Normally, an accused would make a confessional statement before a person in whom he has implicit faith--Evidence of persons before whom extra judicial confession is allegedly made, must be of sterling quality--It is difficult to believe that accused would make confession before real brother and a close acquaintance of deceased. (2) Recovery--According to PW-2 and PW-3, version of accused in extra judicial confession that he went after deceased, while he was carrying a bamboo stick and while returning, he was carrying same stick--But said stick not recovered from accused--Case of prosecution that at the instance of accused, an axe recovered which was weapon of assault--Recovery of axe at instance of accused is of no relevance. (3) Blood Group--Other circumstance against accused is that clothes on his person were stained with blood--As per Serology Report, clothes on person of deceased were having blood stains of 'O' group--While clothes on person of accused were having blood stains of 'A' group-This militates against case of prosecution that blood stains on clothes of accused were of blood of deceased--Prosecution failed to establish guilt of accused beyond a reasonable doubt--Accused acquitted. Date of decision--08.11.2023   Criminal - Supreme Court Acquittal-Food Adulteration-Sample of Paneer- Moisture content found more than prescribed standard--But in report of Public Analyst, it was not mentioned whether moisture content was more due to natural causes--Conviction set aside. (2) Section 16(1)(a)(i)/17 Prevention of Food Adulteration Act--Allegation that Paneer stored in shop of accused for sale and human consumption found to be adulterated--Held, as per opinion of Public Analyst, sample of Paneer did not conform to prescribed standard in respect of moisture & Milk Fat content of dry matter--An offence u/s 2(ia)(m) shall be made out if quality or purity of article falls below prescribed standard-However, proviso indicates an exception that where quality or purity of article, has fallen below prescribed standards, solely due to natural causes & beyond control of human agency, then, such article shall not be deemed to be adulterated--Report of Public Analyst says that moisture content was 77.6% and as per prescribed standard, it shall not contain more than 70%--But there is no indication as to whether moisture content was more due to natural causes--Even, milk fat content of dry matter may depend upon quality of milk & this question was also not gone into-- Accused acquitted. Date of decision--17.10.2022