1. Feeling aggrieved and dissatisfied with the order dated 11.04.2012, passed by Additional Principal Judge, Family Court, Balod, District Durg, in Misc. Criminal Case No. 83 of 2010, instant criminal revision has been preferred by the petitioner/husband against the respondents [wife and daughter Ku. Durgeshwari].

2. The core facts necessary for disposal of this revision are as under:

2.1 That the respondents herein jointly filed an application under Section 125 Cr. P.C seeking maintenance stating inter alia that petitioner had forcefully committed sexual intercourse with her and on that account, she became pregnant and gave birth to a female child i.e. respondent No.2/Durgeshwari herein. It was further alleged that offence under Section 376, 506 IPC was also registered against the petitioner in which he was acquitted by the competent criminal court.

2.2 The Petitioner replied the said application stating inter-alia that he is not the father of respondent No.2 by disputing his paternity, and pleaded that he was falsely implicated in that criminal case and he has rightly been acquitted by the said court.

2.3 The family court by its order impugned dated rejected the application for maintenance so far as respondent No. 1 is concerned finding inter alia that marriage between petitioner and respondent No. 1 is not established. However, granted maintenance of Rs. 2000/- per month to respondent No. 2 holding that she is illegitimate girl child of the petitioner. Against this order, instant revision has been preferred.

3. Shri P.P. Sahu, learned counsel appearing for the petitioner would submit that respondent No. 2 is not his daughter. He would further submit that DNA test conducted upon the order of the Family Court and the opinion based on DNA profiling holding that the respondent No. 2 is illegitimate girl child, is not scientifically accurate, cannot be relied upon to make him liable for maintenance therefore, the order impugned be set aside.

4. I have heard the counsel appearing for the petitioner and perused the order impugned carefully.

5. The DNA stands for deoxyribonucleic acid, which is the biological blueprint of every life. DNA is made-up of a double standard structure consisting of a deoxyribose sugar and phosphate backbone, cross-linked with two types of nucleic acids referred to as adenine and guanine, purines and thymine and cytosine pyrimidines. The most important role of DNA profile is in the identification, such as an individual and his blood relations such as mother, father, brother, as so on. Successful identification of skeleton remains can also be performed by DNA profiling. DNA usually can be obtained from any biological material such as blood, semen, saliva, hair, skin, bones etc. The question as to whether DNA tests are virtually infallible may be a moot question, but the fact remains that such test has come to stay and is being used extensively in the investigation of crimes and the Court often accepts the views of the experts, especially when cases rest on circumstantial evidence. [Please See para-34 of the judgment of the Supreme Court in case of Dharam Deo Yadav vs. State of Uttar Pradesh, 2014(4) Scale 730]

6. In the Supreme Court in case of Kamti Devi vs. Poshi Ram, (2001) 5 SCC 311 has said with regard to accuracy of DNA test as under:-

“10. The result of a genuine DNA test is said to be scientifically accurate. But even that is not enough to escape from the conclusiveness of Section 112 of the Act e.g. if a husband and wife were living together during the time of conception but the DNA test revealed that the child was not born to the husband, the conclusiveness in law would remain irrebuttable. This may look hard from the point of view of the husband who would be compelled to bear the fatherhood of a child of which he may be innocent. But even in such a case the law leans in favour of the innocent child from being bastardised if his mother and her spouse were living together during the tim