SAHIDA LASKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present Criminal Revisional application has been filed under Sec. 482 read with Ss. 398/401 of the Code of Criminal Procedure, 1973 assailing the Impugned Order dtd. 22/9/2020 passed by the Learned Additional District Judge, Special Court under E.C. Act at Alipore, thereby, inter alia, rejected the prayer for DNA test filed by the petitioner in connection with Sessions Trial Case No. 1(3) of 2012 corresponding to BGR Case No. 6471/2009 arising out of Basanti Police Station Case No. 373 dtd. 26/12/2009 under Ss. 376/417 of the Indian Penal Code, 1860 pending before the Court of the Learned Additional District Judge, Special Court under E.C. Act at Alipore.

(2.) The brief facts are relevant for the purpose of disposal of the present Criminal Revisional application are that the petitioner being the de-facto complainant/victim woman had lodged a complaint on 11/3/2009 in afternoon to the effect that when she went to bring her goat back at an abandoned place of her village, the accused/opposite party no. 2 committed rape upon her forcibly. The petitioner narrated the incident of rape before the family members of the opposite party no. 2, where the opposite party no. 2 admitted the same and, accordingly, his family members promised to get married her with the accused/opposite party no. 2 but later on they refused.

(3.) After the refusal of marriage by the accused/opposite party no. 2, the petitioner was compelled to file a petition of complaint under Sec. 156(3) CrPC before the Learned Additional Chief Judicial Magistrate, Alipore on 2/12/2009. Upon being satisfied, the Learned Court below allowed the petitioner's prayer and directed the Officer-in-Charge, Basanti Police Station to lodge an FIR against the accused and his family members. Consequently, Basanti P.S. Case No. 373/2009 dtd. 26/12/2009 under Ss. 376/120B of the Indian Penal Code, 1860 was registered. When the FIR was lodged, the petitioner was pregnant of 6 months gestational period and later on, she gave birth of a male child on 5/3/2010 named as "Master X".