STATE OF KARNATAKA Vs. SHIVANAND VEERABHADRA GHODAGERI

JUDGEMENT

(1.) Sri Ram P.Ghorpade, learned Counsel has filed memo of appearance for the respondent.

(2.) Though the matter is listed for orders, by consent of both parties, matter is taken up for final disposal.

(3.) The facts succinctly stated, one Smt.Geetha Chandrashekhar Patil lodged a complaint against the respondent herein alleging for the offence punishable under Section 376 of IPC, alleging that the victim Mahadevi Halagouda Patil aged about 37 years a mentally challenged person was raped by the accused. When the victim complained of stomachache, she was taken to the hospital on 24.07.2014 and the doctor at KLE, Belgaum informed the complainant that she is carrying pregnancy of 7 months. On the same day, accused was arrested. She gave birth to a male child. One month after his arrest, the Investigating Officer filed a requisition before the Magistrate seeking permission to collect the blood samples of the accused, victim and also the child for DNA profile test and another requisition for blood samples of all three of them for blood grouping. It was the contention of the prosecution, since the accused denied his paternity of the newly born child these tests are required. Thereafter on 23.09.2014, the statement of the victim under Section 164 Cr.P.C. was recorded. She reiterated that it was the accused who raped her and she has given birth to the child who is one month old. Learned Magistrate partly allowed the application filed by the prosecution and permitted to collect the blood sample only for ascertaining the blood group but the request for DNA profile test was rejected.