RAMJI BAVLA KOLI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant has filed this Revision Application challenging the order dtd. 9/5/2024 passed by 3rd Additional Sessions Judge at Anjar-Kachchh rejecting the prayer for DNA test below Exh.64 in Special POCSO Case No.11 of 2022 in connection with FIR No.11993003220400 of 2022 registered with Anjar Police Station for the offences punishable under Sec. 376(2)(n) and 506(2) of IPC and Sec. 4 and 6 of the Protection of Children From Sexual Offences Act, 2012 (for short 'POCSO Act').

(2.) Learned advocate Mr. Ashish Dagli with Ms. Aishwarya H.Chaudhary, learned advocate for the applicant submitted that the applicant being the original accused in the trial before the 3rd Additional Sessions Judge, Anjar-Kachchh had moved an application, Exh.64, while he was put to answer the evidence against him in further statement under Sec. 313 of Cr.P.C., and he had categorically stated in the further statement that he is innocent and he is falsely implicated, and had prayed for DNA test.

(3.) By way of Application, Exh.64/C, the accused had made a prayer for DNA test urging the Court to lend a helpful attitude for discovery of truth and had pleaded that DNA test can be helpful in finding out the facts relating to the offence, and should be used and utilized and the Courts should not obstruct the conduct of the exercise.