- (1.)This petition has been filed to get set aside the order passed by the learned Assistant Sessions Judge, Kovilpatti, in Crl.M.P. No. 687(A)/09 in S.C. No. 291 of 2008 dated 28.10.2009.
(2.)A summation and summarisation of the relevant facts absolutely necessary for the disposal of this petition would run thus:
The police registered a case in Cr. No. 3 of 2007 for the offences punishable under Sections 417, 376 and 506(II) I.P.C., based on the complaint lodged by the Petitioner herein on the ground that the said accused Alaguraj moved with the Petitioner and had sexual relationship with her on the promise of marrying her, so to say, sponsalia per verba de futuro. However, he had a volte face and turned turtle and refused to marry her. However, in view of the accused having had sexual intercourse with her, she became pregnant and ultimately, gave birth to a child. After 8 months, the child died. However, even during the life time of the said child, DNA test was undertaken and in the report obtained from the expert, the following conclusion is found set out:

Conclusion: From the DNA typing results of the above individuals, it is found that,

1. the alleged father Mr. M. Alaguraj is excluded from the paternity of the male child Karuppsamy Pandian.

2. the male child Karuppsamy Pandian is not born to Mr. M. Alaguraj

(3.)After obtaining the expert opinion and completing the investigation, the police laid the charge sheet invoking Sections 417, 376 and 506(II) I.P.C. Thereupon, the matter was committed to the Court of Sessions.