CRM No. M-18861 of 2011 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CRM No. M-18861 of 2011 (O&M) Date of Decision : 30.09.2011 Kapil .......... petitioner Versus State of Haryana ...... Respondent CORAM :HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present:- Mr. J.S. Bedi, Advocate for the petitioners. Mr. G.S. Chahal, AAG, Haryana. *** AUGUSTINE GEORGE MASIH, J. (ORAL) Counsel for the petitioner contends that as per the allegations in the FIR, which is dated 24.12.2010, the incident of rape had taken place on 19.7.2010 and Amit Tyagi, is the person who had been named in the FIR. The name of the petitioner figures only on 27.12.2010 when a statement under Section 164 Cr.P.C. is given by the prosecutrix. He contends that the petitioner was only a paying guest in the house and he has volunteered to undergo DNA test and has given his blood sample for the same, and it is at the stage when the prosecutrix have given birth to a child. In compliance with the order dated 13.6.2011, the petitioner has joined investigation. This fact is not disputed by the counsel for the State on instructions from ASI Sube Singh, Police Station Surajkund, CRM No. M-18861 of 2011 -2- Faridabad. He further states that despite efforts made by the police the prosecutrix is not traceable and, therefore, the blood sample for conducting the DNA test could not be obtained. On going through the assertions made by the counsel for the parties and in the light of the fact that the petitioner is not named in the FIR and as a matter of fact, volunteered to undergo DNA test and further he had joined the investigation, the present petition is allowed, the interim order dated 30.6.2011 is hereby confirmed. 30.09.2011 (AUGUSTINE GEORGE MASIH) 'sp' JUDGE