Written by: Express News Service
3 min readChandigarhApr 17, 2014 03:16 PM IST
First published on: Oct 31, 2012 at 07:06 AM IST
A Panchkula court on Tuesday directed three prime accused in the sexual abuse case of inmates of Apna Ghar,a shelter home in Haryana’s Rohtak district,to undergo potency test for DNA profiling to ascertain the biological father of a girl child delivered by an inmate.
Special Judicial Magistrate,CBI,Panchkula,Dr Atul Marya,directed the three accused — Jai Bhagwan,Satish and Jaswant — to appear before Director,PGI Chandigarh,and give blood samples for carrying out the potency test.
The directions came after the Central Bureau of Investigation (CBI) filed a petition demanding the DNA profiling of trio after the FSL,Madhuban — where the agency had sent clothes of some of the inmates for tests — reported that semen and blood was detected on the salwar of an inmate.
The agency had also sent the blood samples of an inmate who delivered a girl child on September 16 at PGI Rohtak to CFSL,New Delhi,for DNA profiling.
The CBI counsel contended that blood samples of the three accused are required for DNA profiling to know who was the father of the girl child and also for comparison with the semen detected on another inmate’s dress.
It further contended that several inmates had complained about rape by Jai Bhagwan,Satish and Jaswant. While Satish and Jaswant did not object to the potency test,Jai Bhagwan opposed the demand. Jai Bhagwan’s counsel averred that the said inmate never alleged rape and that she was never cited as a witness.
Rejecting the contentions the judge said,“minor children forced into prostitution. They were sexually abused,physically tortured… They were supposed to protect the inmates…but sexually exploited them…courts cannot be mute spectators.”
The order states that it is court’s duty to see that the “guilty does not go scot free on mere technicalities.” “It cannot be kept out of sight that the child has been delivered much later and even if the said victim has not been arrayed as witness or her statement is not recorded then also no prejudice is going to be caused to the accused as he will be getting the copy of the report,” the judge added.
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