The State Of Madhya Pradesh vs Bharat Singh Korav on 1 April, 2023

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Madhya Pradesh High Court

The State Of Madhya Pradesh vs Bharat Singh Korav on 1 April, 2023

Bench: Satyendra Kumar Singh

                                    1
 IN     THE       HIGH COURT OF MADHYA PRADESH
                        AT GWALIOR
                          BEFORE
       HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH
                        ON THE 1 st OF APRIL, 2023
                  CRIMINAL REVISION No. 5597 of 2019

BETWEEN:-
THE STATE OF MADHYA PRADESH THROUGH THANA
DABOH, DISTRICT GUNA (MADHYA PRADESH)

                                                                   .....PETITIONER
(BY SHRI SUSHANT TIWARI-GOVERNMENT ADVOCATE)

AND
BHARAT SINGH KOURAV S/O SHRI BAHADUR SINGH
K O R AV MURAVALI P.S DABOH DISTRIC BHIND
(MADHYA PRADESH)

                                                                 .....RESPONDENT


      This revision coming on for admission this day, th e court passed the
following:
                                     ORDER

Heard on I.A. No.9777/2019, which is an application under Section 5 of Limitation Act.

Learned counsel for the petitioner submits that after getting the certified copy of the impugned order, permission to file the revision was obtained due to which the delay was caused in filing the revision and, therefore, the same may be condoned.

As per office note, there is a delay of 13 days in filing this revision. Looking to the fact that delay has been caused in filing the aforesaid revision in order to obtain necessary permission to file the revision, I.A. 2 No.9777/2019 is allowed. The delay in filing the revision is hereby condoned.

Also heard on admission.

This Criminal Revision under Section 397 read with Section 401 of Cr.P.C has been preferred against the order dated 31.07.2019 passed by the Court of Additional Sessions Judge, Lahar, District Bhind in Special Sessions Trial No.02/2019 whereby petitioner's application filed under Section 173 (8) of Cr.P.C seeking permission to take DNA sample of the respondent was rejected.

Brief facts giving rise to this revision petition are that respondent is facing a trial pending before the Court of Additional Sessions Judge Lahar bearing Special S.T. No.02/2019 for the offence punishable under Sections 376 of IPC and 5/6 of POCSO Act, wherein it is alleged against him that on 09.03.2019 and 10.03.2019, he inserted his finger in the private part of two minor girls aged about 7 years and 8 years. During trial it was found that in the DNA test report, sperms were found on the undergarment of one of the girls and also in the vaginal swab of one of the girls. On the basis of which, prosecution filed an application under Section 173 (8) of Cr.P.C before the Trial Court for grant of permission to collect the DNA sample of the respondent which was rejected by the impugned order dated 31.07.2019 on the ground that there were no allegations against respondent that he penetrated his private part and committed sexual intercourse with the girls.

Learned counsel for the petitioner submits that as male sperms were found on the clothes and the vaginal swab of the prosecutrix, therefore, DNA test of the respondent is required in the matter and for which permission to take DNA sample should be given. The impugned order is unsustainable and deserves to be set-aside.

Upon perusal of the record, it is apparent that both the prosecutrix 3 specifically stated that on the date of incident respondent inserted his finger in their vagina. It is nowhere alleged against him that he inserted male sexual organ in their private part, therefore, DNA test of the respondent seems to be not required. Hence, the Trial Court has not committed any error in rejecting the application. Therefore, no interference is required in the matter.

Accordingly, Criminal revision is dismissed.

(SATYENDRA KUMAR SINGH) JUDGE Aman AMAN TIWARI 2023.04.01 17:48:45 +05'30'

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