HYDERABAD: The Hyderabad High Court has upheld the order of the lower court directing an accused-husband to undergo potency test at Osmania general hospital in the city as part of investigation in a case registered against him under various sections of IPC and Dowry Act.
According to the prosecution, the defacto-complainant who is the father of the victim lodged a complaint with the police, stating that the marriage of his daughter with one Kumar was performed after meeting the demand of dowry of the latter and of his parents.
After joining her husband she was subjected to physical and mental torture by the husband and in-laws demanding additional dowry. Besides, the marriage was not even consummated for he is an impotent and unfit for marital life, which allegedly proves that the accused suppressed and cheated the complainant and his daughter. Based on the complaint the police registered the case for the offences punishable under Sections 498-A, 406, 420 IPC and Sections 4 and 6 of Dowry Prohibition Act.
After completion of investigation, charge sheet was filed before the lower court against the husband (A1) and his parents (A2 and A3). Parents were summoned and A1 was issued a non-bailable warrant, for which he did not turn-up. The potency test though required as part of the case, could not be conducted pending investigation.
After issuance of notice by the Regional passport officer to impound his passport, the husband appeared before the court.
The IV Additional Metropolitan Sessions Judge, Hyderabad, directed Kumar to undergo potency test for Erectile Dysfunction to be conducted in OGH in Hyderabad on requisition of the Investigating agency.
Aggrieved with the same, the husband moved the HC for relief. The public prosecutor and the counsel for defacto-complainant contended that the order of the lower court is well within its scope contemplated by law and the same is necessary for the effective adjudication of criminal case against the accused. There is nothing to interfere therewith and it cannot be stated as intruding into the privacy or in effecting of fundamental right of the accused.
Disputing with the allegations levelled against the husband, his counsel stated that the respondents are only maligning Kumar and his parents. He claimed that the husband had undergone necessary tests in a private hospital and it was certified by the doctors that he is healthy.
The defendant added the requisition to undergo medical test is untenable and the impugned order of the lower court is contrary to law. Besides, there is no requirement of such a test as the police investigated the case and filed charge sheet, he argued. After hearing both the sides and perusing the material on record, Justice B Siva Sankara Rao upheld the order of the lower court in directing the accused-husband to undergo potency test.