Gujarat Court January 2004 Judgments

Vishal Motising Vasava Vs. State of Gujarat

Court: Gujarat

Reported in: 2004CriLJ3086

Jayant Patel, J.1. With the consent of learned advocate for the petitioner Mr.Kalathil and the Ld.APP Mr.Kogje, main matter for quashing is taken up for final hearing today.2. The short facts of the case appear to be that earlier DNA test of the petitioner was undertaken and it has been stated that the DNA test was found to be in negative. When the evidence is recorded, it is the case of the original complainant that she came to know at a later point of time that the DNA test is already undertaken of the petitioner accused and therefore she moved an application-Exh.94 before the learned trial judge for conducting second DNA test of the petitioner and the child, namely, Piyush, who is aged two years old at the time of application. The original complainant in the said application also insisted that she wants to have DNA test at the laboratory situated at Hyderabad only and the learned Sessions Judge ultimately after hearing both the sides allowed the application of the original complaina...