AI Structured Summary
Not yet generated for this judgment
Judgment
Heard the parties.
This is an application under Article 226 of the Constitution of India by which the petitioner seeks a complete Medical Report covering Potency Test,
DNA and others as prescribed by law in respect of his father, who is 84 years old and is presently detained in a Correctional Home on charges under
the Protection of Children from Sexual Offences (POCSO) Act.
The petitioner, himself a doctor and represented by Mr. Majumder, learned Counsel,
points out that an application under Section 439 of the Code of Criminal Procedure was disposed of on 6th June, 2020 by a Hon’ble Division
Bench noticing the submission of the learned Public Prosecutor that the Medical Report of the accused supports the allegations of the victim girl.
Mr. Ahmed, learned Prosecutor, submits that the Potency Report of the accused is in the affirmative. It is submitted that the blood test sample has
been taken for carrying out the DNA Test.
Heard.
Considered the materials placed.
This Court, sitting in Article 226 jurisdiction, does not intend to supplant the regular criminal due process of law. However, this Court does not fail to
notice as follows :
First, that the Medical Report, as submitted by learned Prosecutor, should be complete and carried out strictly in accordance with procedure
prescribed by law.
Second, the arraignment of the accused follows a complaint of eviction by the defacto complainant, the father of the victim girl.
Third, it is submitted that the victim girl, who is 14 years of age is now pregnant.
Having observed as above, this Court is of the view that this application be placed before the Hon’ble Division Bench hearing applications under
Section 439 of the Code of Criminal Procedure a week from date.
Petitioner shall make available required number of copies of the application for presentation before the Hon’ble Division Bench.
Registry to take steps.
Needless to add, on the next date the learned Prosecutor shall produce the complete Medical Report before the Hon’ble Division Bench.