BHARAT BAJAJ Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition under Section 482 of the CrPC is directed against the impugned order dated 18-2-2020 passed by the Special Judge, SCST (PA) Act, Bilaspur, directing DNA test of the petitioner / accused and the victim and one another at the request of the investigating officer, as Crime No.2/2019 for offence punishable under Section 376 of the IPC read with Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the SCST Act') has been registered against the petitioner.

(2.) The petitioner herein principally calls in question the order passed by the Special Judge on the ground that no opportunity of hearing was afforded to him while directing his DNA test and DNA test of the victim and one another, and the learned Special Judge did not apply her mind to the matter and without satisfying herself in respect of adequacy and sufficiency of material collected during investigation by the police against the petitioner, the impugned order has been passed, therefore the impugned order is liable to be set aside.

(3.) Mr. Vipin Punjabi, learned counsel appearing for the petitioner / accused, would submit that the learned Special Judge is absolutely unjustified in directing for DNA test of the petitioner and the victim as well and the victim's daughter holding that it is necessary for investigation of the offence under Section 376 of the IPC read with Section 3(2)(v) of the SCST Act. The impugned order was passed without affording any opportunity of hearing to the petitioner, as the investigation has not been completed and there is no adequate material on record to hold that DNA is necessary for just and proper investigation of the alleged offence in question and the order passed by the learned Special Judge runs contrary to the decision of the Supreme Court rendered in the matter of Kathi David Raju v. State of Andhra Pradesh and another , 2019 7 SCC 769 . As such, the impugned order deserves to be set aside.