Calcutta High Court (Appellete Side)
Ichaque Gazi vs The State Of West Bengal on 1 February, 2010
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 Form No. J (1) IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side Present:
The Hon'ble Justice Ashim Kumar Roy C.R.R. No. 4631 of 2009 Ichaque Gazi versus The State of West Bengal For Petitioner : Mr. Kallol Kumar Basu Mr. Arijeet Pyne For State : Ms. Minati Gomes Heard On : January 15th, 2010.
Judgment On : 01-02-2010.
Heard Mr. Kallol Kumar Basu, learned advocate, appeared on behalf of the petitioner as well as Ms. Minati Gomes, learned advocate, appeared on behalf of the State. Perused the materials on record.
2. Mr. Basu submitted that the present petitioner has been facing his trial for an offence punishable under Section 376 of the Indian Penal Code before the Learned Additional Sessions Judge, Fast Track, 1st Court, Basirhat, North 24-Parganas. He further submitted that it is the case of the prosecution that due 2 to the rape committed by the petitioner upon the victim girl, she became pregnant and gave birth to a child. He further submitted that after filing of the charge-sheet, on the prayer of the Investigating Officer, blood sample was taken for DNA Test from the accused, i.e., the petitioner herein, the victim girl and her newly borne baby. Thereafter, DNA Test was done but no report of DNA Test was furnished to the petitioner. Accordingly, the petitioner moved the Court for the said DNA Test report but the learned Judge rejected such prayer.
On the other hand, Ms. Minati Gomes submitted that since the prosecution is not relying on the DNA Test report, therefore, there is no question of supplying it to the accused persons.
3. Heard the learned advocates appeared on behalf of the parties. Considered their respective submissions.
4. It appears from the materials on record that DNA Test was done at the behest of the Investigating Agency and in terms of Section 54A of the Code of Criminal Procedure, the report of such test to be treated as the part of the document referred to in clause (a) of sub-section (5) of Section 173 of the Code of Criminal Procedure, accordingly, the said report ought to be supplied to the accused.
5. In view of above, the order impugned is set aside. The learned Court below is directed to supply the report of the DNA Test to the accused persons 3 within fifteen days from the date of communication of this order. It is further directed, the Court shall not proceed to frame charge without supplying the DNA Test report to the petitioner.
This criminal revisional application thus, stands, allowed. Criminal Section is directed to deliver urgent Photostat certified copy of this Judgement to the parties, if applied for, as early as possible.
( Ashim Kumar Roy, J. )