ABDUL RAHUMAN Vs. STATE; SYED ALI FATHIMA

JUDGEMENT

(1.) The revision petitioner is the sole accused in C.C.No.692 of 2013 on the file of the Court of Judicial Magistrate, Valliyur and he is being prosecuted for the offences under Section 417 I.P.C and Section 4 of the Tamil Nadu Prohibition of Women Harassment Act.

(2.) According to the second respondent/defacto complainant, she has studied upto 10th Standard and through her friend, she developed intimacy with her brother - the revision petitioner herein/accused and on 19.01.2009, he enticed her by stating that he will marry her and had a forceful physical relationship. Subsequently, the second respondent/victim became pregnant and delivered a male child on 07.10.2009 and when she insisted the revision petitioner/accused to marry her, he has refused to do so and therefore, she lodged a complaint on 27.09.2010, based on which, the first respondent has registered a case in Cr.No.5 of 2010 for the commission of the offences under Sections 417 and 376 I.P.C and after investigation, has laid the charge sheet, charging the revision petitioner/accused for the commission of the offences under Section 417 I.P.C and Section 4 of the Tamil Nadu Prohibition of Women Harassment Act. Pendency of the investigation, the first respondent has also subjected the revision petitioner/accused, the second respondent/defacto complainant and the child born to them, to DNA Test and vide report dated 28.06.2013, the Forensic Sciences Department, Government of Tamil Nadu, Chennai - 600 004, has given an opinion that the revision petitioner/accused is excluded from the father of the male child.

(3.) It seems that the second respondent/defacto complainant has given a petition to the District Legal Aid Committee for conducting the DNA Test once again and it was forwarded to the Court of Judicial Magistrate, Valliyur, who took it on file and once again ordered for the DNA Test, vide impugned order dated 03.09.2014 and challenging the legality of the same, the present revision is filed.