AJAY KUMAR GUPTA
Sahida Laskar @ Saida Laskar – Appellant
Versus
State of West Bengal – Respondent
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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The court affirmed that the evidence of the prosecutrix is sufficient for conviction in rape cases, and a DNA test is not necessary at an advanced trial stage, balancing this against the right to pri....
(1) Paternity of child – DNA tests cannot be ordered merely on vague allegations unless a strong prima facie case is established.(2) DNA test, though a scientific tool, intrudes into personal domain ....
The main legal point established in the judgment is that in criminal cases involving allegations of sexual offenses and disputed paternity, DNA testing can be ordered by the court if it is deemed nec....
The court held that demands for DNA testing must respect privacy rights and are only permissible when directly relevant to the charges at hand.
The only disadvantage to the child which is put forward as an argument against the use of a blood test, not for therapeutic purposes but to ascertain paternity, is that the child is exposed to the ri....
Point of law: The only disadvantage to the child which is put forward as an argument against the use of a blood test, not for therapeutic purposes but to ascertain paternity, is that the child is exp....
Paternity of child – DNA Test is not for mere asking but can be resorted to in deserving matters only as it helps in preventing destitution, vagrancy and bastardization.
Merely because the petitioner had offered to conduct DNA Test it would not mean that the complainant and the minor child can also be subjected to such test without their consent.
DNA test is also available before the Court, which is marked as Annexure-H and only in order to overcome the positive report of the DNA, the petitioner has approached this Court by invoking the writ ....
DNA testing is permitted in rape cases to establish paternity and ascertain the truth, with the right to privacy yielding to public interest in justice.
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