NINGTHOUJAM ONGBI MANITOMBI DEVI Vs. STATE OF MANIPUR
LAWS(MANIP)-2019-9-48
HIGH COURT OF MANIPUR
Decided on September 11,2019

Ningthoujam Ongbi Manitombi Devi Appellant
VERSUS
STATE OF MANIPUR Respondents

JUDGEMENT

M.V. Muralidaran, J. - (1.) Since the petitioner has filed this petition seeking prayer as follows: i) Issue rule-nisi calling upon the respondents to show cause as to why the prayer prayed for by the petitioner shall not be granted and after hearing them make the rule absolute. ii) Call for records of the case. iii) Direct the investigating authority to conduct DNA test of the accused/respondent No.6 and other articles seized by the investigating authority including vaginal and urethral swabs where human semen were found and the garments worn by the deceased daughter of the petitioner where human semen were found to be stained to find out his DNA result matches with the semen found to be stained/stuck on the undergarment (wrapper, under wear/panty, slag) of the deceased daughter of the petitioner.
(2.) On receipt of the notice, the accused No.6 and the prosecution have also filed their objection.
(3.) Today when the matter is taken up, the counsel for the respondents represented before this Court that though the 6th respondent is ready for DNA test but the petitioner without approaching the court below where the case is pending has directly approached this Court seeking for DNA test which should not be entertained by this Court. The same argument is also advanced by Mr. H. Samarjit, learned PP for the other respondent.;


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