BITUPAN SAIKIA Vs. NIPA SAIKIA

JUDGEMENT

(1.) By filing this revision petition the petitioner has prayed for setting aside the impugned order dated 13.8.12 passed by the learned Munsiff, No. 1, Jorhat, in Petition No. 1604/10 arising out of T.S. No. 13/2010. Heard Mr. P.P. Dutta, learned counsel for the petitioner. None appears on behalf of the respondents, despite service of notice.

(2.) Mr. Dutta, learned counsel for the petitioner, justifying the requirement of DNA test of the child born to Respondent No. 1, submitted that in order to ascertain the paternity of the petitioner, scientific test would be more appropriate and effective, in the facts and circumstances of the case. Learned counsel for the petitioner pointed out that the decisions relied upon by the learned trial Court in the impugned order dated 12.8.12, while rejecting the prayer of the petitioner for carrying out DNA test to ascertain the paternity of the child born to the Respondent No. 1, is not at all applicable in the facts and circumstances of the case, since the petitioner never had any relationship as husband and wife with the respondent No. 1.

(3.) Accusation against the plaintiff/petitioner was for committing rape on the victim/Respondent No. 1. An investigation was launched in terms of the FIR lodged by the victim/respondent No. 1 and consequent upon which charge-sheet was submitted against the accused-petitioner alleging commission of offence under Section 376/307/417 of IPC. Trial ensued Subsequently, the trial Court, on conclusion of the trial, acquitted the accused-petitioner from the charge aforesaid.