Code of Criminal Procedure, 1973–Sec. 53-A–Penal Code, 1860–Secs. 376–Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989–Secs. 3(1)(xii) & 2(5)–Proceedings under–Accused-petitioner applied for DNA test of himself, prosecutrix and child Dismissed–Special provision of Sec. 53-A provides for DNA test in the case of involving the offence u/s. 376–Held, the order of trial Court is perverse and illegal–Set aside and directions issued accordingly.
