THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No.8132 OF 2009 ORDER: The petition is filed by the petitioner/accused to quash the order in Crl.M.P.No.19 of 2009 in Sessions Case No.177 of 2009 on the file of the I Additional Assistant Sessions Judge, Kakinada. 2. The petitioner was charged for the offences under Sections 417, 420, 376, 313, 109 read with 34 of the Indian Penal Code (for short, 'IPC'), alleging that he has induced the complainant, who is a minor girl, that he will marry her and had intercourse with her and a child was born. But, subsequently, he did not marry her. When the trial of the case was pending, the petition vide Crl.M.P.No.19 of 2009 was filed under Section 53 of the Criminal Procedure Code for conducting of D.N.A. Test of the petitioner and the learned Sessions Judge has allowed the said application. 3. The point for consideration is whether the order of the learned Sessions Judge is legal and sustainable? 4. POINT: As can be seen from the petition filed before the lower Court, the D.N.A. test is sought for by the prosecution for determination of the parentage of the minor child, who is said to have been born to the petitioner and PW.1. Evidently, the question of parentage of the minor child is not a point for consideration and determination of the charge against the accused. Even assuming to be that the child was born to PW.1 through the petitioner, it does not establish a case of rape and the ingredients of the offences under Sections 376 and 417 IPC relating to promise to marry and having sexual intercourse. They only be established by the evidence of PW.1 about the conduct and act of the accused at the time the intimacy was developed. 5. Therefore, in view of the above circumstances, the dispute with regard to the parentage of the child has no relevancy and consequently, the direction given by the Court below for DNA test is not warranted. Therefore, the order is liable to be set aside. Accordingly, the Criminal Petition is allowed and the order in Crl.M.P.No.19 of 2009 in Sessions Case No.177 of 2009 on the file of the I Additional Assistant Sessions Judge, Kakinada, is quashed. _______________________________ JUSTICE N.R.L. NAGESWARA RAO Date:22-12-2011 INL