BENGALURU: The Karnataka High Court upheld the order passed by a trial court to draw the blood sample from a rape accused, to test the paternity of a child, who is now deceased. Dismissing the petition filed by the accused, questioning the order of the trial court in January 2017 on the ground that the order amounts to self-incrimination, Justice HP Sandesh said the contention of the accused cannot be accepted. “I do not find any error committed by the magistrate in ordering for a DNA test,” the judge added.
The court said the contention of the petitioner’s counsel, that the order passed by the magistrate amounts to violation of Article 20(3) of the Constitution and procedure under Section 164 of CrPC, cannot be accepted.
According to the judgment, the accused-petitioner Malappa, from Sindhanur of Raichur district, offered coolie work to a 28-year-old woman and allegedly raped her. After she became pregnant, her parents questioned the accused who asked them to show evidence in support of their allegations.
The prosecution filed an application before the trial court to conduct a DNA test, and sought direction to the Chief Medical Officer to extract the relevant portion of the body of her deceased infant for conducting a DNA test. The magistrate court came to the conclusion that identification of infant’s DNA is necessary for investigation, and directed the CMO to conduct a DNA test.