SABAR ALI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS revision petition was preferred assailing the order dated 13.03.2015 passed by Learned Additional Sessions Judge, Panchkula, whereby the application under Section 91 of the Criminal Procedure Code ( for short 'the Code') filed by the petitioner in case FIR No.119 dated 05.06.2014 under Section 376 of the Indian Penal Code read with Section 6 of POCSO Act registered at Police Station Pinjore, was dismissed.

(2.) THE petitioner is facing trial in the criminal case, particulars of which have been mentioned above, on the allegation of having repeatedly raped a minor girl and she on medical check up was found to be carrying pregnancy of 6 -7 months. In its evidence, the prosecution had relied upon DNA test dated 16.09.2014. The petitioner moved an application under Section 91 of the Code seeking direction to the prosecution to tender record containing complete DNA report including the electro -foreto -gram genrated on DNA sequencing machine (Zero Typing) so that the exact and complete situation be brought on record. The application was contested by the prosecution and the complainant. Considering the rival submissions the application was dismissed by learned trial Court.

(3.) AGGRIEVED by the order dated 13.03.2015 the petitioner had preferred the instant revision petition. There are no two thoughts on the issue that the report of chemical examiner is per se admissible in evidence.