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Showing contexts for: potency test in Ibrahim vs State Of Kerala on 26 February, 2013Matching Fragments
The petitioner is the accused in Crime No. 725 of 2012 of Kothamangalam Police Station and is alleged to have committed offences punishable under Sections 376, 377 and 506(1) of IPC. The question that arise in this case is a limited one and it is unnecessary to go into the details of this case. Suffice to say that the petitioner was arrested in relation to the crime and he remains under custody for a while. He was released on bail.
2. Subsequently the Investigating Officer moved the court which granted the bail for a direction to the petitioner to appear for potency test. It was very strongly opposed by the accused. The court below by order dated 26.02.2013 allowed the petition and directed the petitioner to appear before the Superintendent, Taluk Head Quarters Hospital, Kothamangalam for undergoing potency test. The said order is assailed in this petition.
3. The learned counsel appearing for the petitioner pointed out that going by Section 53A, the examination of the accused in a case with an allegation of rape is to be undertaken immediately after the arrest and Investigating Officer cannot delay the examination. In this case, neither during the custodial period nor for a period long thereafter there was any demand for subjecting the petitioner to potency test. The belated request is not entertainable in view of Section 53A of the Code of Criminal Procedure.
4. Though the arguments may look attractive, it is without any substance at all. A plain reading of Section 53A will convince anybody that, it relates to a case where the officer concerned has reasonable grounds for believing that medical examination of the person of the accused will provide evidence as to the commission of such offence. Potency test has nothing to do with the commission of the offence though it is not important for investigating process it may be relevant at the time of evidence. It cannot said to be an item of evidence of the commission of offence. Moreover, no serious prejudice is caused with the direction issued by the court below under Section 482 of Cr.P.C. The court below has only directed the petitioner to appear before the Taluk Head Quarters Hospital concerned for undergoing the potency test. It is not ordered under police custody of the petitioner.