The main legal point established in the judgment is that a DNA test report can be admitted in evidence under Section 293 of Cr.P.C. without examining the expert, as long as it is issued under the hand of a government scientific expert, even if the expert is not enumerated under sub-section (4) of section 293.

Can DNA Finger Printing test report issued from the D.N.A. Finger Printing & Diagnostic Centre, Ministry of Science and Technology, Hyderabad, which is a Central Government undertaking be admitted in evidence without examining the Expert in court? This is the main question that I have to answer in this case.

2. The petitioner filed M.C.No.132 of 1998 before the Judicial First Class Magistrate, Patambi claiming maintenance at the rate of Rs.500/- to her child. According to her the 2nd respondent herein is the father of the child. They allegedly developed illicit intimacy while she was working as housemaid in his house and in their illicit relationship the child was born to her. 2nd respondent did not take care of the child and he neglected and refused to maintain the child. Hence the claim.

3. The alleged father/2nd respondent denied paternity. The petitioner therefore took steps to get paternity determined by D.N.A. Finger Printing. Blood samples of the child and the 2nd respondent were sent through court to the D.N.A. Finger Printing & Diagnostic Centre, Ministry of Science and Technology, Hyderabad, a Central Government undertaking for conducting D.N.A. test for determining the paternity of the child. According to the petitioner the result of the report is in favour of the petitioner and it will help her prove that the 2nd respondent is the father of the child.

4. Therefore, the report issued from the D.N.A. Finger Printing and Diagnostic Centre was sought to be admitted in evidence without examining the Scientific Expert who issued the same. But the request was turned down by the lower court in view of the objections raised by the 2nd respondent’s counsel that such report cannot be marked without examining the Expert since Expert who issue the report does not come under Section 293(4) of Cr.P.C. That order was passed during the course of the recording of evidence of PW1, as disclosed from the deposition, Annexure-A. It is the said order that is challenged under various grounds stated in the petition.

5. To answer the question whether DNA test report can be admitted in evidence without examining the expert, primarily the court has to find out whether the report falls under section 293 of Cr.P.C. or not. Learned counsel appearing for the petitioner vehemently contended that the report of D.N.A. Finger Printing is issued under the hand of a Government Scientific Expert and therefore it can be used in evidence without examination of the expert as stated in section 293 of Cr.P.C. According to him,. Petitioner is only a servant-maid who was working in the house of the 2nd respondent and due to financial stringency she cannot afford to meet the expenses for examining the Expert. She has already spent a huge amount which is more than the bulk of her purse for getting the blood samples analysed at Hyderabad by the Expert.

6. In the above circumstances, it is contended that the report may be admitted in evidence without examination of the expert. The counsel was over assertive that the report can be admitted in evidence like any other reports of other government experts under section 293 of Cr.P.C. So, let me consider whether the report can be admitted in evidence as stated by the petitioner under section 293 of Cr.P.C. as argued. Section 293 reads as follows:

“Section 293. Reports of certain Government Scientific experts.—(1) Any document purporting to be a report under the hand of a Government scientific expert to whom this section applies, upon any matter or thing duly submitted to him for examination or analysis and report in the course of any proceeding under this Code, may be used as evidence in any inquiry, trial or other proceeding under this Code.

(2) The Court may, if it thinks fit, summon and examine any such expert as to the subject-matter of his report.

(3) Where any such expert is summoned by a court and he is unable to attend personally, he may, unless the Court has expressly directed him to appear personally, depu