Overview

• Justice Rajeev Misra dismissed Ram Chandra Ram’s Section 482 CrPC petition, affirming the Ghazipur POCSO court’s November 2, 2023 refusal to order DNA tests of the survivor and her child.
• The judgment, dated August 22 and reported on September 11, held that such testing cannot be directed as a routine step because it carries serious social consequences.
• Citing Supreme Court rulings including Goutam Kundu and Bhabani Prasad Jena, the high court said DNA directions require compelling and unavoidable circumstances.
• The court noted the application was filed on May 18, 2023 after charges were framed on April 25, 2022 and after five prosecution witnesses had deposed, rendering the request belated.
• The accused had argued the test was needed to assess paternity and determine guilt or innocence, but the court found no strong or clinching facts to justify it.