BANARASI SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned senior counsel for the petitioner and learned APP for the State.

(2.) The present application has been filed for quashing the order dtd. 5/11/2020 passed by the learned 7th Additional Sessions Judge-cum-the Special Judge, POCSO Act, West Champaran, Bettiah, whereby the petition dtd. 4/7/2020 filed by the petitioner seeking DNA test to determine the paternity of the petitioner vis-a-vis the son of the victim of Sathi P. S. Case No.23 of 2019 registered under Sec. 376 and 506 of the Indian Penal Code read with Sec. 4/ 6 of the Protection of Children from Sexual Offences Act has been dismissed.

(3.) The learned senior counsel for the petitioner submits that the factual matrix of the case, in brief, leading to the present impugned order is that the informant alleges that he along with his son Rajesh Sah are seller of spices in retail at Darbhanga. Further, they come to their native village once in a month. It is next alleged that on 25/2/2019, he along with his son came to his village and to his shock, he came to know that his minor daughter was carrying pregnancy. It is next alleged that on enquiry, it transpired that his neighbour Banarasi Sah (petitioner) enticed her and called to his house and raped her. Further, after committing the occurrence threatened her and the minor under threat of life did not disclose the occurrence to the informant. Further, petitioner continued raping her, leading to the pregnancy. Further, on coming to know about the occurrence, the informant went to the house of the petitioner, but he fled.