Neutral Citation No. - 2025:AHC:123560 Reserved On:-08.07.2025 Delivered On:-28.07.2025 Case :- CRIMINAL REVISION No. - 6097 of 2023 Revisionist :- X- Minor Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Ajeet Sharma,Divakar Rai Sharma Counsel for Opposite Party :- G.A.,Lal Dhari Rajbhar Hon'ble Siddharth,J. 1. Heard Sri Ajeet Sharma, learned counsel for the revisionist and learned A.G.A for the State of perused the record. 2. This revision is directed against the judgment and order dated 20.04.2023 passed by Additional District and Session Judge/Special Judge (POCSO act), Court No. 3, Aligarh in Criminal Appeal No. 43/2023-X vs. State, as well as order dated 07.02.2023 passed by Juvenile justice Board in case crime no. 287 of 2022 under Section 376,506 I.P.C. and section 3 & 4 of Protection of children from sexual offences, 2012 P.S. Delhi Gate District- Aligarh, 3. This revision has been preferred by the revisionist aggrieved by the rejection of his application made before the Board for directing D.N.A. test of the child born to the alleged rape victim to ascertain the paternity of the child. It was alleged in the application that the revisionist has been falsely implicated in this case and he has not committed any offence against the victim. The Board as well as the Children's Court have held that the D.N.A. test will only determine the paternity of the child, but the question whether rape was committed by the revisionist on the prosecutrix, cannot be decided by the D.N.A test of the child born to the victim. 4. Learned counsel for the revisionist submits that the orders of the courts' below are not in accordance with law. He has relied upon the judgments of Apex Court in the cases of Bhabani Prasad Jena Etc. Vs. Convenor Secretary, Orissa State Commission For Women (SC) 2010(8) SCC 633; Aparna Ajinkya Firodia Vs. Ajinkya Arun Friodia 2023(2) R.C.R. (Civil) 147 and Mohan Singh Vs. State of U.P. (Allahabad) 2022 (120) ACrC 881, in support of his submission that the courts below ought to have directed the D.N.A. test of the child born to the victim. 5. After considering the submissions of the learned counsel for the revisionist, this Court finds that the judgment in the case of Bhawani Prasad Jana (Supra) is regarding a matrimonial dispute where the husband alleged his marriage was never consummated and, therefore, the D.N.A. test should be directed to ascertain the paternity of the child. Therefore, the facts of that case warranted D.N.A. test of the child born to the wife of the appellant to test the allegations made by the appellant-husband that his marriage with his wife was never consummated. 6. In the present case there is evidence on record that the revisionist committed the offence of rape against the victim for six months and therefore by mere determination of paternity of child born to the victim, the offence of rape shall not be wiped out. 7. The second judgment in the case of Aparna Ajinkya (supra) is again distinguishable on facts since the question of legitimacy of child was in this case involved and, therefore, D.N.A. test was directed by the court which is not the issue involved in this case. 8. In the last case cited by learned counsel for the revisionist of Mohan Singh (Supra), this Court has held that D.N.A. test cannot be directed as matter of routine and only in deserving cases and where strong prima facie case is made out, such direction may be given. 9. In the present case, there is no prima facie case made out in favour of revisionist that it was not the revisionist, but some other person who committed the offence of rape against the victim and in order to ascertain, who committed the alleged offence out of the two paternity test is required. 10. Therefore, it is clear that the judgments and orders passed by the courts below are in accordance with law and do not require any interference. 11. The revision lacks merits and is hereby dismissed. Order Date :28.07.2025. Abhishek Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad