O R D E R

The Criminal Original Petition had been filed to set aside the order made in Crl.M.P.No.1025 of 2023 in Spl.S.C.No.256 of 2023 on the file of the Special Court for POCSO Act Cases, Dindigul.

2.The learned Counsel for the Petitioner submitted that the Petitioner is arrayed as A1 in a case under POCSO Act and the trial is in part heard stage. In the cross examination of Forensic Expert as PW-14, he had conceded that samples were taken on 13.01.2023 in the FTA card maintained by the Forensic Department to collect sample blood for DNA test from the victim of sexual offence and the accused to determine the parentage of the child born to the victim of sexual assault. In the cross examination of PW-14, DNA Expert had conceded that the sample was taken on 13.01.2023 and the DNA test was conducted only on 22.02.2023. There were 40 days intervening time from the date of collecting samples and from the date, DNA test was conducted and in the meanwhile, whether it was preserved properly. The DNA Expert was unable to answer. Therefore, it is his contention that the report of the DNA test cannot be relied on by the Court.

3.It is his further contention that on the date of alleged occurrence, the victim was aged 17 and the accused was aged 19 years. He cannot be the biological father at that stage. He disputes the same on the ground that when the victim became pregnant, the parents of the victim came to the house of the accused and demanded the accused to marry the victim. It is his further submission that the victim had similar intercourse with several men in the locality. Therefore, he cannot be forced to marry such girl. Based on that, he had filed Crl.M.P.No.1025 of 2023 in Spl.S.C.No.256 of 2023 seeking a second DNA test. The Petition filed by the first Accused was dismissed by the learned Sessions Judge, Special Court for Exclusive Trial of POCSO Offences, Dindigul, by order, dated 05.12.2023. Therefore, he had filed this Petition seeking to set aside the order passed by the learned Sessions Judge, Special Court for Exclusive Trial of POCSO Offences, Dindigul.

4.By way of reply, the learned Government Advocate (crl.side)

vehemently objected to the line of arguments of the learned Counsel for the Petitioner stating that the Petitioner had filed a Petition in Crl.M.P.No.1025 of 2023, stating that for further test regarding saliva, hair, nail, tooth, semen, pubic hair, vaginal swabs, skin scrapings etc., and disputing that only the blood was taken for deciding DNA. The prosecution had filed counter objecting to the Petition stating that it is only a ploy to delay the trial. 5.After due enquiry, the learned Sessions Judge, Special Court for Exclusive Trial of POCSO Offences, had rejected the contention of the Petitioner in Paragraph 9 stating that the report of the Forensic Expert/DNA expert was available, when the accused was furnished with copies of DNA test, before commencement of trial, he had opportunity to dispute the same. Only after trial, that too after the examination of the Forensic Expert as PW-14, this Petition had been filed. It is nothing but a ploy adopted by the accused to delay the trial. Also, the learned Sessions Judge had relied on Section 35(2) of POCSO Act regarding early disposal of the cases under POCSO Act and stated that the Petitioner had sought DNA test for saliva, hair, pubic hair, nail, semen, etc., and disputed the DNA based on blood samples collected by the Investigation Officer through the Government Doctors, whereas, in this Petition, he seeks a second report that the blood collected had been damaged during the period of pendency of DNA test between 13.01.2023 and 22.02.2023. The said submission of the learned Counsel for the Petitioner cannot at all be considered or accepted as reasonable considering the fact that the Lawyers or Judges are not experts in this field. As Forensic Experts, they are aware of collecting body fluids from the human being and they are expert in their field to preserve the