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2014 DIGILAW 780 (PNJ)

Dharampreet Singh @ Happy @ Dharam Singh v. State of Punjab

2014-05-05

K.C.PURI

body2014
JUDGMENT Mr. K.C. Puri, J.: - The petitioner moved an application for conducting DNA test of the petitioner in respect of child born to the prosecutrix. The prosecutrix has given no objection for conducting the DNA test during cross examination, but the trial Court has dismissed the application. That order has been challenged before this Court. 2. Learned State counsel has submitted that statement of the accused under Section 313 Cr.P.C. has already been recorded and the petitioner wants to delay the proceedings in view of prosecution evidence. 3. I have carefully considered the said submission and after considering the submissions made by counsel for both the sides the petitioner is allowed to conduct the DNA test in respect of the child of the prosecutrix, but without touching the merits of the case. The delay is never a hurdle in dispensing real justice to the parties. 4. The DNA test may be conducted at the expense of the petitioner. However, it is made clear that conducting of DNA test will not prejudice the case of the prosecution in any manner in respect of evidence available on the file. The sample be taken in such a manner that it does not admit any fault. 5. Disposed of. ---------0.B.S.0------------