JUDGMENT :

[Shamim Ahmed, J.]

1. Heard Shri Rajesh Dwivedi, learned counsel for the applicant as well as learned Additional Government Advocate and perused the record.

2. This application under Section 482 Cr.P.C. has been preferred for quashing of the impugned order dated 15.10.2019 passed by the Special Judge (Protection of Children from Sexual Offences Act, 2012)/VIII Additional District and Sessions Judge, Kanpur Dehat in application No. 28 Kha under Section 54 of Cr.P.C. filed by the applicant in Special Sessions Trial No. 167 of 2017 (State v. Adesh Kumar) and further prayed to direct the Court below to pass an appropriate order for DNA Test/Narco Test as mentioned in the application No. 28 Kha as well as other legal enquiry.

3. Learned counsel for the applicant submits that an F.I.R was lodged on 20.2.2017 which was registered as Case Crime No. 28 of 2017, under Section 376, 506 I.P.C. and Section 4 of Protection of Children from Sexual Offences Act, 2012 at Police Station Satti, District Kanpur Dehat against the applicant and his father by the first informant Sri Anand Kumar stating that on 9.2.2017 at 1.00 p.m. when the family members had gone for voting for general election, then the applicant aged about 18 years enticed her minor daughter and tried to outrage her modesty.

4. Learned counsel for the applicant further submits that the applicant has not committed any offence as alleged in the F.I.R and he has been falsely implicated in the present case. The real facts of this case are that some hot talk ensued between first informant and the mother of applicant on 18.2.2017 and the first informant has abused and assaulted with kicks and fists to the mother of the applicant. The applicant belongs to S.C./S.T caste and only due to fear and apprehension that the mother of the applicant might lodge the FIR under the SC/ST Act against him, he lodged the present F.I.R. against the applicant.

5. Learned counsel for the applicant further submits that the incident as alleged has taken place on 19.2.2017 at 13.00 hrs and the First Information Report was lodged on 20.2.2017 at 15.10 hrs. Thus the F.I.R. was highly delayed about 1 day but no proper explanation has been given by the first informant. The applicant is a good student and he has a bright future as is evident from his High School certificate. The applicant has been falsely implicated in the present case only with mala fide intention and with the purpose for ruining his career. He further submits that several villagers have given their statements to the Investigating Officer with their signatures that the applicant is innocent. The applicant is below 18 years and has given an application before the Court of Juvenile Justice Board, Kanpur Dehat to declare him juvenile, which was rejected on 13.9.2017. The applicant has given an application bearing application No. 28 Kha, under Section 54 of Cr.P.C. on 4.9.2019 before the Court of A.D.J. VIII/POCSO Act Judge, Kanpur Dehat for D.N.A Examination/Narco Test to determine whether human bloods which was found on the body of the victim is of the accused or not and also to determine whether the spermatozoa found in the semen belongs to the accused. The said application submitted by the applicant was rejected by the Special Judge, POCSO Act/8th Additional Sessions Judge, Kanpur Dehat vide order dated 15.10.2019.

6. Learned counsel for the applicant further submits that the procedure as mentioned in the Cr.P.C is a balancing procedure for both sides i.e. prosecution side as well as defence side but in the present case, the opportunity of defence has been curtailed by the Court below illegally and arbitrarily. There are much contradictions in the prosecution case from the beginning, hence it is clear that the prosecution is trying to implicate the applicant on the basis of false case. Therefore, in the present case, the DNA/Norco Test is necessary to establish the case fairly. The Investigating Officer has not followed the procedure p