MANU JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 439 of the Cr.P.C.

(2.) The applicant herein is the accused in Crime No.27 of 2017 registered at the Rajapuram Police Station, under Section 376 of the Indian Penal Code.

(3.) The victim is a deaf and dumb lady and she is also a victim of Endosulfan poisoning. She is unmarried. The applicant herein is her younger brother. The victim showed some sickness and ailments and she was taken to the hospital by her mother. On examination, she was found to be pregnant. As her physical condition made it highly risky for her to conceive, the pregnancy was aborted. It was evident that the lady was raped and to identify the accused, sample of her fetus was sent for DNA analysis along with the samples of the applicant and his father. The result showed that the applicant herein was the biological father. He is thus roped in as the accused.