CLAWRANCE FRANSIS Vs. STATE OF TELENGANA

JUDGEMENT

(1.) The petitioner/appellant seeks permission for a second DNA Test by offering fresh blood samples and for comparing the same with the samples earlier drawn and preserved by the prosecution.

(2.) The petitioner was the Accused No.1 before the Trial Court in Sessions Case PCS No.70 of 2022. By the impugned judgment dtd. 30/12/2024, the petitioner/A.1 was found guilty of the offence under Sec. 5 read with sec. 6 of The Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and was sentenced to rigorous imprisonment for Life and a fine of Rs.10,000.00. The Accused No.2 was found guilty of the offences under Sec. 5 read with Sec. 6 of the POCSO Act and Sec. 506 of The Indian Penal Code, 1860, and was sentenced to rigorous imprisonment for 20 years and 2 years, respectively.

(3.) The particulars of the factual matrix before the Trial Court or the substantive challenge to the impugned judgment are not relevant for the present I.A. since that would be the subject matter of the Appeal. The only point of relevance is whether the petitioner/A.1 should be permitted to undergo a second DNA Test.