Express News Service
RANCHI: The Jharkhand High Court, while rejecting plea for DNA test filed by an accused under POCSO Act, on Friday, observed that order for the same cannot be allowed in a routine way as it may violate one’s privacy and liberty. The court of Justice Sanjay Kumar Dwivedi said that paternity of a child is not relevant in adjudicating a case under section 376, as a decision can be taken on the basis of oral evidences.
A criminal writ petition was filed by Afan Ansari in Jharkhand HC for quashing the order passed by the special POCSO court in Ranchi on September 15 whereby, his plea was rejected. Ansari, in his writ petition, said that a case under POCSO Act has been lodged against him and the lower court has already framed charges against him and was put on trial. He further submitted that nine witnesses have already been examined and upon closure of the prosecution evidence, the statement of the petitioner was recorded in which he has pleaded his innocence.
In this writ petition, a prayer was made for quashing of the order of special POCSO court and passing a direction for DNA examination of the petitioner and the child. After hearing both sides, citing Supreme Court orders, the HC rejected his plea for DNA test.
“Thus, merely because something is permissible under the law, cannot be directed as a matter of course to be performed particularly when a direction to that effect may encroach on one’s privacy and physical autonomy of a person,” stated the court order. Such direction would violate the privacy right of a person subjected to such test, it said.
“The Court said that here paternity is not the issue, but the issue here is whether the rape has taken place or not. Trial has to be conducted for rape, which has nothing to with DNA test,” said petitioner’s Advocate Bibhash Sinha.
RANCHI: The Jharkhand High Court, while rejecting plea for DNA test filed by an accused under POCSO Act, on Friday, observed that order for the same cannot be allowed in a routine way as it may violate one’s privacy and liberty. The court of Justice Sanjay Kumar Dwivedi said that paternity of a child is not relevant in adjudicating a case under section 376, as a decision can be taken on the basis of oral evidences.
A criminal writ petition was filed by Afan Ansari in Jharkhand HC for quashing the order passed by the special POCSO court in Ranchi on September 15 whereby, his plea was rejected. Ansari, in his writ petition, said that a case under POCSO Act has been lodged against him and the lower court has already framed charges against him and was put on trial. He further submitted that nine witnesses have already been examined and upon closure of the prosecution evidence, the statement of the petitioner was recorded in which he has pleaded his innocence.
In this writ petition, a prayer was made for quashing of the order of special POCSO court and passing a direction for DNA examination of the petitioner and the child. After hearing both sides, citing Supreme Court orders, the HC rejected his plea for DNA test.
“Thus, merely because something is permissible under the law, cannot be directed as a matter of course to be performed particularly when a direction to that effect may encroach on one’s privacy and physical autonomy of a person,” stated the court order. Such direction would violate the privacy right of a person subjected to such test, it said.
“The Court said that here paternity is not the issue, but the issue here is whether the rape has taken place or not. Trial has to be conducted for rape, which has nothing to with DNA test,” said petitioner’s Advocate Bibhash Sinha.
