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2025 DAILYLAW 9301 (UTT)

RAHUL KUMAR v. STATE OF UTTARAKHAND

SPA/229/2024 · 2025-06-17

Alok Mahra, G Narendar

body2025

Judgment text

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2025:UHC:5056-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND HON’BLE SRI JUSTICE ALOK MAHRA 17TH JUNE, 2025 SPECIAL APPEAL No. 229 OF 2024 Rahul Kumar and another. …Appellants Versus State of Uttarakhand and others. …Respondents Counsel for the appellants. : Mr. Sanjay Kumar, learned counsel. Counsel for respondent nos. 1, 2 & 4. : Ms. Rajni Supyal, learned Brief Holder for the State of Uttarakhand. Counsel for respondent no. 3. : Mr. Vinod Tiwari, learned counsel. JUDGMENT : (per Sri G. Narendar, C.J.) Pursuant to the directions of this Court dated 01.08.2024, the Regional Forensic Science Laboratory has forwarded its report, and the Result of DNA Examination and Conclusion are as under : “RESULT OF DNA EXAMINATION 1. The DNA test were performed on exhibits '1' (Blood sample of Ruchi), '2' (Blood sample of Yachna) and '3' (Blood sample of Rahul Kumar). 2. The alleles were amplified at each loci to obtain the DNA profiles of the sources of exhibits '1' (Blood sample of Ruchi), '2' (Blood sample of Yachna) and '3' (Blood sample of Rahul Kumar). 3. One of the alleles at each of the amplified corresponding loci in DNA profile obtained from the source of exhibit '2' (Blood sample of Yachna) match with the DNA profile obtained from the source of exhibit '1' (Blood sample of Ruchi). 4. The non-maternal alleles of the amplified corresponding loci in the DNA profile obtained from the source of exhibit '2' (Blood sample of Yachna) match with the DNA profile obtained from the source of exhibit '3' (Blood sample of Rahul Kumar). CONCLUSION The DNA test performed on the exhibits provided is sufficient to conclude that:- 1. The DNA profile obtained from the source of exhibit "1' (Blood sample of Ruchi) is the biological 1 2025:UHC:5056-DB mother of the DNA profile obtained from the source of exhibit '2' (Blood sample of Yachna). 2. The DNA profile obtained from the source of exhibit '3' (Blood sample of Rahul Kumar) is the biological father of the DNA profile obtained from the source of exhibit "2' (Blood sample of Yachna).” 2. From a reading of the above, it is apparent that the query and prayer of the appellants/ writ petitioners has been answered in the positive, by the report. A copy of the DNA Report be retained in records, and the original be handed over to the counsel for the appellants/ writ petitioners. The appellants/ writ petitioners should appreciate this fact, and wipe away all such silly doubts in their minds, and act as proper and responsible parents, and ensure the growth of the child in a complete environment. 3. In view of the above, counsel for the appellants/ writ petitioners submit that no further orders are called for in the present Special Appeal. Accordingly, the present Special Appeal is disposed of. As a sequel thereto, the miscellaneous petitions, if any pending, shall stand closed. _______________ G. NARENDAR, C.J. _____________ ALOK MAHRA, J. Dt: 17th June, 2025 Rahul 2 RAHUL PRAJAPATI Digitally signed by RAHUL PRAJAPATI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=aa4fa3bee6691397758b14516ed3e66e61bf 4c848741983ed8c39e4145cf1dab, postalCode=263001, st=UTTARAKHAND, serialNumber=303B55CC3063D34AC45BF8A192FCA D15C390A1AAD7B39857D2540AE4C28A4898, cn=RAHUL PRAJAPATI Date: 2025.06.18 14:35:49 +05'30'