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2021 Supreme(Ker) 1194

ZIYAD RAHMAN A. A.
Swapna, D/o. Vasudevan – Appellant
Versus
State Of Kerala – Respondent


Advocates Appeared:
For the Appellant : Sri. B. Deepak, Sri. Karthik Bhavadasan.
For the Respondents: Sri. Manu Ramachandran, Sri. Aravind Mathew, P.P.

ORDER :

1. Both the above Criminal Appeals are filed by the de facto complainant in S.C.No.363 of 2014 on the file of the Sessions Court, Pathanamthitta, under section 14A of the Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act, 1989. The 2nd respondent herein is the sole accused in the said case, where the offence alleged against him are under Sections 376 and 420 IPC read with Section 3(1)(xii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter refers to SC ST Act for short). Criminal Appeal No.543 of 2018 is filed challenging the order passed by the Sessions Court in Crl.M.P.No.1137 of 2018, wherein prayer of the appellant for conducting DNA test of her child to establish that the accused is the biological father of the said child, was rejected by the Sessions Court. Criminal Appeal No.546 of 2018 is filed challenging the order passed in the petition submitted by the prosecution (Crl.M.P.No.196 of 2018), seeking permission for further investigation under Section 173(8) Cr.PC and to conduct potency test of the accused. As per the impugned order, the said prayer was rejected by the Sessions Court.

2. Brief facts of

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