ICHAQUE GAZI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard Mr. Kallol Kumar Basu, learned advocate, appeared on behalf of the petitioner as well as Ms. Minati Gomes, learned advocate, appeared on behalf of the State. Perused the materials on record.

(2.) Mr. Basu submitted that the present petitioner has been facing his trial for an offence punishable under Section 376 of the Indian Penal Code before the Learned Additional Sessions Judge, Fast Track, 1st Court, Basirhat, North 24-Parganas. He further submitted that it is the case of the prosecution that due to the rape committed by the petitioner upon the victim girl, she became pregnant and gave birth to a child. He further submitted that after filing of the charge-sheet, on the prayer of the Investigating Officer, blood sample was taken for DNA Test from the accused, i.e., the petitioner herein, the victim girl and her newly borne baby. Thereafter, DNA Test was done but no report of DNA Test was furnished to the petitioner. Accordingly, the petitioner moved the Court for the said DNA Test report but the learned Judge rejected such prayer. On the other hand, Ms. Minati Gomes submitted that since the prosecution is not relying on the DNA Test report, therefore, there is no question of supplying it to the accused persons.

(3.) Heard the learned advocates appeared on behalf of the parties. Considered their respective submissions.