IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 Crl.MC.No. 1629 of 2008() ------------------------- AGAINST THE ORDER DATED 28/02/2008 IN CRMP.35/2008 IN SC.793/2006 of ADDL.ASSISTANT SESSIONS COURT, THALASSERY .................... PETITIONER: RESPONDENT/ACCUSD --------------------------------------- P.V.VALSAN, S/O.KANNAN NAMBIAR ARALA HOUSE, PAYAM AMSOM, EDAKANAM, IRITTY KANNUR DT. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.KAUSER EDAPPAGATH RESPONDENTS: PETITIONER & COMPLAINANT -------------------------------------------------- 1. THE STATION HOUSE OFFICER IRITTY POLICE STATION, IRITTY. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM BY PUBLIC PROSECUTOR, SRI. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 1629 OF 2008 ----------------------------------------------- Dated this the 16th day of June, 2008 O R D E R Petitioner faces indictment in a prosecution under Section 376 IPC. In the course of trial, by the impugned order, the learned Sessions Judge directed that a DNA test be conducted to ascertain the paternity of the child. The crux of the allegations is that the petitioner had allegedly committed rape on the victim resulting in her conception and birth of a child. The direction was issued, evidently under Section 311 Cr.P.C that steps can be taken by the prosecution to get the DNA test conducted. Accused was directed to co-operate with the prosecution. 2. The petitioner claims to be aggrieved by the impugned order. What is the grievance? The short grievance is that direction to the petitioner to furnish the requisite material for the conduct of the DNA test would offend his right to privacy and the right against self incrimination. No other contentions have been raised. 3. It is too late for the petitioner to urge such a contention in the light of Section 53 A of the Code of Criminal Procedure. The right of the police to draw the samples from an accused person for Crl.M.C. No. 1629 OF 2008 2 the purpose of DNA profiling is accepted by law. There is no question of any infringement of the right of privacy or the right against self incrimination. It is by now trite that in the course of investigation the DNA test can be conducted. 4. No other contentions are raised. If the petitioner does not co-operate with the investigator, needless to say, appropriate further steps under Section 173 (8) may have to be taken by the investigating officer. 5. This petition is, in these circumstances, dismissed. R. BASANT, JUDGE ttb Crl.M.C. No. 1629 OF 2008 3 Crl.M.C. No. 1629 OF 2008 4