JUDGMENT

1. This appeal is filed by the applicant Ajay Sahu S/o Shri Ramesh Kumar under Section 14(A) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Amendment Act, 1989 as amended upto date.

2. Case Crime No.05/2021 is registered at Police Station A.J.K., District Chhindwara (M.P.) for offence under Section 376(1), 294, 323, 506 of IPC and Section 3(2)(va), 3(1)(w)(i) (ii) of SC/ST, Act 1989. Date of arrest is 13.11.2021.

3. It is submitted that the appellant is innocent, he be enlarged on bail. DNA report is negative, inasmuch as Forensic Science Laboratory has opined that since sample of the fetus was preserved in Formalin Saline, therefore, DNA testing is not possible.

4. In this regard, I have perused the report dated 20.04.2022 forwarded by Shri Umesh Joga, Additional Director General of Police, Jabalpur, Zone Jabalpur. It is evident from the report that Civil Surgeon of the Hospital Dr. Shikhar Surana had earlier given a casual report saying that sample was preserved in the Formalin at the hospital as it is available in the OT. This opinion has been changed by the Civil Surgeon which clearly points out that Civil Surgeon is guilty of furnishing incorrect inf