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2010 Supreme(Cal) 79

ASHIM KUMAR ROY
Ichaque Gazi – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates:
Advocate Appeared:
Kallol Kumar Basu, Arijeet Pyne, Minati Gomes.

Judgment

1. HEARD Mr. Kallol Kumar Basu, learned Advocate, appeared on behalf of the petitioner as well as Ms. Minati Gomes, learned Advocate, appeared on behalf of the State. Perused the materials on record.

2. MR. Basu submitted that the present petitioner has been facing his trial for an offence punishable under Section 376 of the Indian Penal Code before the Learned Additional Sessions Judge, Fast Track; 1st Court, Basirhat, North 24-Parganas. He further submitted that it is the case of the prosecution that due to the rape committed by the petitioner upon the victim girl, she became pregnant and gave birth to a child. He further submitted that after filing of the charge-sheet, on the prayer of the Investigating Officer, blood sample was taken for DNA Test from the accused, i.e., the petitioner herein, the victim girl and her newly borne baby. Thereafter, DNA Test was done but no report of DNA Test was furnished to the. petitioner. Accordingly, the petitioner moved the Court for the said DNA Test report but the learned Judge rejected such prayer. On the other hand, Ms. Minati Gomes submitted that since the prosecution is not relying on the DNA Test report, therefore, there is no






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