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2011 Supreme(Mad) 1555

R.MALA
Murugan – Appellant
Versus
State represented by Inspector of Police – Respondent


Advocates Appeared:
For the Petitioner:M.C. Swamy, Advocate. For the Respondent:S. Rajakumar, Govt. Advocate (Crl.side).

Judgment :-

1. This revision has been preferred against the impugned order passed in C.M.P.No.41 of 2007 in S.C.No.118 of 2006 on 14.03.2007 under Section 112 of Indian Evidence Act and under Sections 53 and 173(8) of Cr.P.C.

2.The case of the prosecution is as follows:

(i) The case has been registered by the respondent against the petitioner/accused under Sections 376, 417 I.P.C. and 4 of the Dowry Prohibition Act. The respondent filed the petition in C.M.P.No.41/2007 in S.C.No.118/2006 to direct the petitioner/accused person to part with his blood sample as well as to direct P.W.1/Mahalakshmi to part with the blood sample of her male child for D.N.A test before the Forensic Science Laboratory, Madras.

(ii) The petitioner/accused filed his counter affidavit stating that the D.N.A test ought to have been done by the prosecution during the time of investigation. Now, investigation is over, charge sheet was filed and witnesses were examined. So there is no necessity for conducting D.N.A. Test. He further submitted that he cannot be compelled to submit himself for D.N.A. Test to prove the guilt of the accused. So the D.N.A. test is not necessary. Hence he prayed for the dismissal of the p




















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