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2025 Supreme(Cal) 33

AJAY KUMAR GUPTA
Sahida Laskar @ Saida Laskar – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Md. Shakir

JUDGMENT :

AJAY KUMAR GUPTA, J.

1. The present Criminal Revisional application has been filed under Section 482 read with Sections 398/401 of the Code of Criminal Procedure, 1973 assailing the Impugned Order dated 22.09.2020 passed by the Learned Additional District Judge, Special Court under E.C. Act at Alipore, thereby, inter alia, rejected the prayer for DNA test filed by the petitioner in connection with Sessions Trial Case No. 1(3) of 2012 corresponding to BGR Case No. 6471/2009 arising out of Basanti Police Station Case No. 373 dated 26.12.2009 under Sections 376/417 of the Indian Penal Code, 1860 pending before the Court of the Learned Additional District Judge, Special Court under E.C. Act at Alipore.

2. The brief facts are relevant for the purpose of disposal of the present Criminal Revisional application are that the petitioner being the de-facto complainant/victim woman had lodged a complaint on 11.03.2009 in afternoon to the effect that when she went to bring her goat back at an abandoned place of her village, the accused/opposite party no. 2 committed rape upon her forcibly. The petitioner narrated the incident of rape before the family members of the opposite party no. 2

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