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2018 Supreme(Mad) 3684

N.ANAND VENKATESH
M. Muthukumar – Appellant
Versus
Inspector of Police All Women Police Station – Respondent


Advocates Appeared:
D. Shanmugaraja Sethupathi, Adv., K. Suyambulinga Bharathi, Adv., P. Krishnasamy, Adv.

JUDGMENT

N. ANAND VENKATESH, J.

1. This petition has been filed by the accused, aggrieved by the order passed by the learned Judicial Magistrate-I, Sivagangai, dated 21.04.2017, wherein the petitioner has been directed to subject himself to DNA test and for that purpose to give his blood sample.

2. The first respondent Police have registered an FIR in Crime No.4 of 2017 against the petitioner, based on a complaint given by the second respondent for the offence under Sections 417, 376 and 506(ii) of IPC.

3. The sum and substance of the allegation made by the second respondent is that the petitioner called her to his house on 22.09.2015 at about 7.00pm and when the second respondent went to the house of the petitioner, he forcibly tied Thaali in the second respondent's neck. When the second respondent protested, the petitioner again asked her to come home next day in order to remove the Thaali and believing him, the second respondent went to the petitioner's house and at that point of time, the petitioner raped the second respondent. The second respondent became pregnant and she gave birth to a female child on 24.06.2016. It was on this ground, the complaint was given and the FIR was reg




























































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