MOHIT Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide the instant revision petition filed under Sec. 401 of the Code of Criminal Procedure, 1973 (for short "the Code"), the petitioner has challenged order dtd. 6/4/2022 passed by the learned Additional Sessions Judge, Sirsa, whereby on an application moved by the respondent-State, the petitioner has been directed to give his blood sample for conducting a DNA test in case FIR No.63 dtd. 19/12/2018 lodged for offences under Ss. 354, 376(2) (n), 376-D, 451 and 506 of the Indian Penal Code, 1860 and Sec. 25 of the Arms Act, 1959 at Police Station Women, Sirsa.

(2.) Counsel for the petitioner has urged that the application seeking blood sample of the accused-petitioner has been moved after a lapse of more than three years of the conclusion of the prosecution evidence and is an attempt by the prosecution to fill up the lacuna in the prosecution case, which is at its fag end. He submits that the petitioner was subjected to medical examination immediately after the registration of the FIR and cannot be made to undergo the same process again that too without his consent in violation of Article 20 (3) of the Constitution of India.

(3.) Advance copy of the petition has been served upon the State. Upon instructions received from L/ASI, Manju Bala, State counsel has opposed the petition and while inviting attention of the Court to the allegations leveled against the petitioner, has referred to Sec. 53-A as well as Sec. 91 of the Code.