MULAYAM SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard with consent. The present petition under Sec. 482 of the Code of Criminal Procedure, 1973 has been preferred by the petitioner/accused invoking extraordinary jurisdiction of this Court whereby the petitioner is seeking direction to the trial Court for conducting DNA test of the present petitioner/accused who is facing the charge of Sec. 376 of Penal Code before the trial Court. He is further aggrieved by the order dated 22-05-2015 whereby the application preferred by the present petitioner for DNA test of himself has been rejected on the ground that the case has not been committed before the competent Court. He is further aggrieved by the order dated 13-10-2015 whereby the Sessions Court (after committal of case to the Sessions Court) has also rejected the application.

(2.) Learned counsel for the petitioner submits that petitioner is facing charge of Sec. 376 of Penal Code before the Sessions Court, Mungaoli District Ashoknagar in respect of alleged incident taken place on 17-03-2015 wherein according to prosecution, petitioner/accused has committed rape over the prosecutrix. According to him, he is innocent and has been framed by the prosecutrix/complainant with the help of prosecution because of previous animosity.

(3.) After the alleged incident, the prosecution has referred the prosecutrix for medical examination which was duly undertaken by the medical officer, Mungaoli and gave report vide Annexure P/2. Internal garment (Petticoat), pubic hair and vaginal swab have been preserved in three sets, in sealed covers.