VISAKHAPATNAM: The Special Public Prosecutor of the sensational Vakapalli tribal women gang-rape case argued for a direction from the court to conduct a potency test on the accused at the XI Additional District & Sessions Judge and Special Court on Monday.
He also reminded the court that this crucial test was not conducted earlier during the investigation.
Arguing for the accused, the defence lawyer opposed the petition and said that such a test can be conducted only during the stage of investigation and not at a belated stage.
In this connection, the Special PP informed the court that no such fetters were placed on the power of the court to order the potency test.
To substantiate his arguments, the Special PP quoted the Swami Nityananda case, wherein the Supreme Court held that Nityananda had to undergo the test in the interest of justice irrespective of the stage and late of the case. Then the judge posted the case to November 19.
It may be recollected that in the last hearing, the Special Public Prosecutor on behalf of the petitioners filed a petition requesting direction of the court to conduct the test for potency on the accused.