The accuracy and scientific validity of DNA tests, as well as the importance of considering conclusive evidence in legal proceedings.

JUDGMENT :

1. By order dated 09.05.2018 notices were directed to be issued upon the O.P.no.2. Pursuant thereto, the O.P.No.2 has appeared through Vakalatnama on 28.03.2022 and inspite of repeated call nobody responded on behalf of the O.P.No.2 and the matter was adjourned with a view to provide one more opportunity to the O.P.No.2. On 13.06.2022, on the ground of arguing counsel being out of station, time was taken on behalf of the O.P.No.2.

2. Today, when the matter was taken up on repeated call, nobody has responded on behalf of the O.P.No.2 and the Court tried to call the counsel for the O.P.No.2 by way of displaying the name of the counsel for the O.P.No.2 in the Display Board and inspite of that nobody has responded on behalf of the O.P.No.2.

3. It appears that the O.P.No.2 has lost interest in the matter and that is why the matter has been heard on merit.

4. Heard Mr. Dilip Kumar Karmakar, the learned counsel appearing on behalf of the petitioner and Mr. Rajnish Vardhan, the learned counsel appearing on behalf of the respondent State.

5. This petition has been filed for quashing of the entire criminal proceeding as well as the order taking cognizance dated 19.12.2016 in connection with MGM P.S.Case No.0049 of 2016 arising out of G.R.(POCSO) No.1530 of 2016, pending in the court of learned Additional Sessions Judge-I, Jamshedpur.

6. In the First Information Report filed by the O.P.No.2 in which it has been alleged that the informant works as Mason and resides at Baliguma, Mango, alongwith his wife and children. One day in the month of March, 2016, when he returned his home he found that his middle daughter namely Rani Ghora, aged about 13-14 years was weeping, when he inquired she disclosed that one Sanjay Prasad son of Om Prakash Prasad has forcibly committed rape upon her on threat. She further disclosed that in the year 2015 during Rakhi Purnima, while she had gone to the grocery shop of Sanjay Prasad, then the said Sanjay Prasad forcibly took her behind the shop and after bolting the shop he committed rape upon her by gagging her mouth with cloth. The accused had threatened her that if she disclosed that matter then her family members would be killed. She got scared and did not disclose the occurrence. Thereafter the accused committed rape upon her several times. Informant immediately took his daughter to doctor where on examination the doctor disclosed that his daughter has got pregnant. On 26.03.2016 informant along with his other persons went to the house of Sanjay Prasad where he admitted his guilt and promised that he is ready to marry her. On 29.03.2016, the accused married his daughter, but he is refusing to get responsibility of his daughter and hence this case.”

7. Mr. Karmakar, the learned counsel appearing for the petitioner submits that the petitioner filed the complaint against the accused persons as Complaint Case No.849 of 2016 which was sent for registration of FIR under section 156(3) of the Cr.P.C. which was numbered as MGM P.S.Case No.43 of 2016, G.R. No.1462 of 2016, F.R.T. has been submitted and on protest petition cognizance has been taken.

8. He submits that thereafter the present case has been filed against this petitioner by the O.P.No.2 and police investigated the case and submitted charge sheet whereby the petitioner has been sent up for trial. He further submits that on the application of the wife of the petitioner, namely, Poonam Prasad and on the direction of the Director General of Police the DNA test was conducted wherein it was found that this petitioner is not the biological father of the victim’s child and without considering the DNA test report the police has submitted that charge sheet and thereafter the cognizance has been taken against the petitioner.

9. Mr. Vardhan, the learned counsel appearing for the respondent State submits that there is no illegality in the cognizance order.

10. The Court has perused the documents available on the record and in the light of the submissions made by th