Bubul Tamuli vs The State Of Assam And Anr
2023 Latest Caselaw 2821 Gua

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GAHC010263922022




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                  Case No. : Crl.A./96/2023

            BUBUL TAMULI
            S/O SRI PRADIP TAMULI,
            RESIDENT OF JOKAI KOIBORTA, 27 GHORIA GAON, PO KHAMTIGHAT, PS
            BARBARUAH, DIST DIBRUGARH, ASSAM

            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY PP ASSAM

            2:RAM MOHAN DAS
             S/O LATE TIKHARAM DAS
             RESIDENT OF JOKAI KOIBORTA
             27 GHORIA GAON
             PO KHAMTIGHAT
             PS BARBARUAH
             DIST DIBRUGARH
            ASSA

Advocate for the Petitioner   : MR S BORTHAKUR

Advocate for the Respondent : PP, ASSAM


                                     BEFORE
                    HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                          ORDER

Date : 02.08.2023

Heard Mr. S Borthakur, learned counsel for the petitioner and Mr. R.R. Kaushik, learned Addl. PP, appearing for the State of Assam.

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After hearing the matter at some length, an issue crept in, whether this court in exercise of power under section 319 Cr.P.C., should sent the matter to appellate court to record fresh evidence as the impugned judgment specifically reveals that the petitioner filed an application for DNA test as he disowns fathering the child, inasmuch as however, the order impugned further reveals that there was a specific direction to have such DNA test, however, such test was not done as the petitioner has not taken any steps.

Mr. Borthakur, learned counsel for the appellant argues that there was no scope for the appellant to take any steps for the reason that inasmuch as, it was the prosecution who was to get the DNA test done through the Forensic Science Laboratory.

In view of the aforesaid, the learned Addl. PP seeks some time for further deliberation on this point. Accordingly, let this matter be listed on 04.08.2023.

JUDGE

Comparing Assistant