SANTHOSH Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) IT is the case of the prosecution that this petitioner had enticed a minor girl Priyanka, and had physical affair with her on the promise of marrying her, and that, further she conceived and delivered a baby. In this connection, a case in Crime No. 874 of 2009 was registered and after completing the investigation, Police filed final report before the concerned Magistrate and after the case was committed to the Court of Sessions, charges were framed against the petitioner/accused for offences under Sections 417 and 376 IPC. During the course of investigation, the Police had obtained the blood samples from the petitioner and the new born, and they were sent to the Tamil Nadu Forensic Science Department for the purpose of DNA profiling. The DNA report dated 20.7.2012 states that the petitioner/accused has not fathered the child. Despite this report, in view of other evidences that this petitioner has had sexual intercourse with the minor girl Priyanka, final report was filed against the petitioner, as stated above.

(2.) THE Petitioner filed a petition under Section 173(8) of Cr.P.C. in Crl.M.P. No. 1407 of 2014 in S.C. No. 279 of 2013, which was dismissed by the trial Court on 10.6.2014, against which he preferred Crl.R.C. No. 595 of 2014 before this Court, which was also disposed of on 20.6.2014 with liberty to the petitioner to move appropriate application before the trial Court in accordance with law.

(3.) MR .R.Sirajudeen, learned counsel appearing for the petitioner/accused submitted that a grave injustice has occurred to the victim girl, and it is imperative for the Police to conduct further investigation in order to find out, who has fathered the child.