The Bombay high court on Tuesday upheld the validity of a lower court order directing a police constable, who is facing rape charges, to provide blood samples for a DNA test so as to ascertain the paternity of a child the victim had, and alleges is his.
Justice KU Chandiwal struck down an order passed by a judge at Niphad in Nashik district, and restored the order passed by a judicial magistrate at Yeola on March 29 last year, said the woman’s counsel Pritam Runwal.
The magistrate had ordered Kailash Kadale, the accused, who had flatly denied allegations of rape and fathering the child, to co-operate with the investigating officer and hand over blood samples for DNA fingerprinting.
Kadale allegedly raped a 35-year-old woman, after falsely promising to provide her a house and jewellery. According to the complaint, Kadale allegedly raped her many times between July 2008 and February 2010.
The victim lodged a complaint with the Yeola police station, where Kadale is posted, on December 27, 2010. On February 18, 2011, after she delivered the baby girl, the investigating officer filed a plea seeking directions for him to provide DNA samples.
Acting on the plea, the judicial magistrate at Yeola directed the accused to co-operate. Kadale had challenged the order before a sessions court, which set aside the magistrate’s order. The HC, however, accepted the judicial magistrate’s ruling in view of provisions of section 53(A) that have made DNA testing necessary in rape cases.