MANJIBHAI POPATBHAI KANJARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned A.P.P. Mr. Jani waives service of RULE on behalf of the respondent " State and learned Advocate Mr. Dagli waives service of RULE on behalf of respondent No.2.

(2.) THE applicant has filed this revision application under Section 397 read with Section 401 of Code of Criminal Procedure, challenging the order dated 8.4.2011 passed by the learned Additional Sessions Judge, Morbi, on an application below Exh.31 in Sessions Case No.2 of 2011. THE said application Exh.31 is filed by the applicant - original complainant for permitting him to conduct fresh DNA Test from private/other laboratory.

(3.) LEARNED Advocate for the petitioner has contended that petitioner has filed complaint against the present respondents No.2 & 3, alleging that the respondent No.2, who is the son of respondent No.3 " factory owner, has committed rape thrice on the prosecutrix, minor daughter of the petitioner. He has contended that the respondent No.3 is highly influential and financially sound person and by using his position, the accused have managed to show incorrect picture in the DNA Test carried out by the Government Laboratory. He has contended that the petitioner has raised serious doubt on credibility of the said report and requested the learned Judge to permit him to carry out DNA Test from other/private Laboratory, the learned Judge has rejected the same. He has contended that the order passed by the learned Judge is ex-facie illegal and without appreciating the facts and circumstances of the case and, therefore, the same requires to be quashed and set aside.