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AIR 2014 SUPREME COURT 932
::2014 AIR SCW 506
Supreme Court Of India
Hon'ble Judge(s):
Chandramauli Kr. Prasad,
Jagdish Singh Khehar
, JJ
(A) Evidence Act (1 of 1872) , S.112— Paternity of child - DNA test - Prevails over presumption of conclusive proof under S. 112. Section 112 of the Evidence Act was enacted at a time when the modern scientific advancement and DNA test were not even in contemplation of the Legislature. The result of DNA test is said to be scientifically accurate. Although Section 112 raises a presumption of conclusive proof on satisfaction of the conditions enumerated therein but the same is rebuttable. The presumption may afford legitimate means of arriving at an affirmative legal conclusion. While the truth or fact is known, there is no need or room for any presumption. Where there is evidence to the contrary, the presumption is rebuttable and must yield to proof. Interest of justice is best served by ascertaining the truth and the court should be furnished with the best available science and may not be left to bank upon presumptions, there is distinction between a legal fiction and the presumption of a fact. Legal fiction assumes existence of a fact which may not really exist. However presumption of a fact depends on satisfaction of certain circumstances. Those circumstances logically would lead to the fact sought to be presumed. Section 112 of the Evidence Act does not create a legal fiction but provides for presumption.(Para 17 18) ....
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