CHHOTU Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has challenged the order dated 26.2.2002 passed by the learned Addl.Sessions Judge, Gangapur City, wherein he has declined the prayer made by the petitioner for sending the semen of the accused and the 'Lahanga' of the prosecutrix for D.N.A.Test.

(2.) Brief facts of the case are that on 24.8.2005 one Sampu Mali lodged a report at Police Station, Bamanwas wherein he has alleged that the petitioner had committed rape on his wife Keshanti while she was working in the field. On the basis of the said report, a First Information Report was registered against the petitioner for offence under section 376IPC and investigation commenced. During the course of investigation, the 'Lahanga' of the prosecutrix was recovered by the police. Meanwhile during potency test of the petitioner his semen was also taken by the Medical Doctor. Both the 'Lahanga' and the semen were sent for F.S.L. for the analysis. However, still in order to prove his innocence, the petitioner filed an application requesting therein that the "Lahanga" and the semen so recovered be sent for D.N.A. Test. However, vide impugned order dated 26.11.2005 the learned Addl.Sessions Judge, dismissed the application. Hence, this petition before us.

(3.) Learned counsel for the petitioner has contended that the accused has a right to defend his life, liberty and reputation. Since, the accused knows that he is innocent and a false and fabricated case has been hoisted upon him, he moved the said application before the Sessions Court. The only reason given by the learned Addl.Sessions Judge for declining the request made by the petitioner is that since, the sample of the semen and "lahanga" have already been sent to F.S.L. there is no need to send the same for D.N.A. Test.