At the fag end of the trial in a six-year-old rape case, the Delhi Police has moved a fast track court seeking its permission for conducting a potency test of the accused to establish if he was capable of performing the sexual act.
Additional Sessions Judge T R Naval allowed prosecution's plea and directed police and the medical superintendent (MS) of a government hospital to get the test done on August 2.
The court was hearing a case in which accused Harender, who is out on bail, is facing trial for raping a girl in New Ashok Nagar here six years ago in 2007. However, the police sought permission for the potency test of the accused only when the case reached the stage of final arguments.
While allowing the application of the police, the court noted it is an admitted fact that investigating officer of the case has failed to take opinion from the expert on the forensic samples in respect of accused Harender.
The court said, "It is convincing that potency of the accused has to be determined on the date of alleged occurrence and not now after passing over of more than six years."
The police said in its plea that accused was taken to hospital where he was medically examined on August 6, 2007 and was referred for an expert opinion whether he was potent or impotent. But the accused was not produced for expert opinion and potency test was not placed on record.
"The potency test is very essential to decide the case. It has been prayed that accused may be sent to the hospital for the test in the interest of justice and concerned doctor may be examined regarding his opinion," it said.
The plea was, however, opposed by the accused' counsel who said the same has been filed at a belated stage and that too without citing any provision of law.
The defence counsel argued that the potency in question is curable illness and it can be procured at any time after treatment and, therefore, the potency test of accused will not be helpful to decide whether he was potent at the time of commission of offence.
The judge, however, allowed the plea for the medical test and directed SHO of New Ashok Nagar Police Station to depute a police officer in the court on August 2 for taking all the relevant documents including Medico-Legal Case (MLC) of Harender and FSL reports.
The court directed the cops to appear before the MS of LBS hospital in east Delhi along with the accused for doctor's opinion on whether Harender was potent.
