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2018 Supreme(AP) 925

U.DURGA PRASAD RAO
Kokkirigadda Devaraj – Appellant
Versus
State of A. P. – Respondent


Advocates Appeared:
For the Appellant : M.P.V.N.V. Sastry.
For the Respondents: Public Prosecutor.

ORDER :

U. Durga Prasad Rao, J.

1. In this Criminal Revision Case, the petitioner/accused challenges the order dated 08.09.2014 in Crl.M.P. No. 52/2013 in S.C. No. 327 of 2012 passed by the learned Additional Assistant Sessions Judge, Eluru, West Godavari District, allowing the petition filed by the prosecution under Section 53(A) r/w. 45 of Indian Evidence Act praying the Court to send the defacto complainant, her 18 months old baby and the accused to RFSL, Hyderabad for DNA test to prove the case of the prosecution.

2. (a) The prosecution case is that the defacto complainant and accused are the residents of Boyagudem h/o Chintalapudi village and neighbours to each other. Since 5 years prior to the complaint the accused went around defacto complainant on the guise of love and made proposal to that effect and having believed him, she also accepted his love and the accused promised that he would marry her after getting job. The further case of the prosecution is when the parents of defacto complainant put the marriage proposal to the parents of the accused, they agreed for the marriage. They agreed to perform their marriage after their son got job. Hence, both the families did not obje

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