GEETA SAHA Vs. NCT OF DELHI

JUDGEMENT

(1.) An application was made by the petitioner alleged rape victim to the SHO and the concerned Magistrate for conducting DNA test of the remains of focus in order to determine its paternity. All India Institute of Medical Sciences has preserved the remains of the faetus. The only dispute is as to who shall bear the expenses for conducting the NDA test. Obviously, the State must bear the expenses for conducting the DNA test as it would be conducive to the investigation of the case, which has already been registered against Manil Gupta under Section 376, IPC.

(2.) Accordingly, it is directed that the State shall bear the expenses of the DNA test, which shall be conducted by the AIIMS. We also direct that a notice shall be given to the petitioner regarding the date and time as to when the I.O. will take Mr. Manil Gupta to the AIIMS for the relevant test so that she can be present at the time of examination of Mr. Manil Gupta at the AIIMS.

(3.) The writ petition is disposed of.