VEERAPAN Vs. SHANMUGA DEVI

JUDGEMENT

(1.) THE revision petitioner herein is an accused in S.C No. 150 of 2008 on the file of the learned Second Additional Sessions Judge, Villupuram and he is facing charge for the offences under Sections 417 and 376 I.P.C. THE trial proceeded against the accused. THE prosecution witnesses were examined and the accused was questioned under Section 313 Cr.P.C. THEreafter, the arguments of both prosecution and the defence were heard and the case was also posted for judgment on 24.6.2009. On 24.6.2009, the judgment was not pronounced and it was adjourned to 25.6.2009. On that day, P.W.I, who is the de- facto complainant had filed a petition under Section 53 of Cr.P.C. praying to send the child and the accused for D.N.A. Test. On the same day, the Investigating Officer had submitted a letter with a prayer to send the accused, P.W.I and the child for D.N.A. Test. THE learned Sessions Judge had also passed an order to subject the accused, P.W.I and the child for D.N.A. Test. Aggrieved by the said order, the petitioner herein has preferred this Criminal Revision Petition before this Court.

(2.) THE revision was admitted and notice was ordered to the respondents on 11.8.2009. Though notice had been served, the first respondent /de facto complainant /P.W.1 is not represented by any counsel and she is also not appearing before the Court.

(3.) THIS Court has considered the submissions made by both parties and also perused the records.