Date:03/12/2006 URL: http://www.thehindu.com/2006/12/03/stories/2006120301810500.htm

Karnataka - Bangalore

Plea to allow DNA test

Staff Reporter

`If it is not conducted there will be a miscarriage of justice'

BANGALORE: A resident of Kanpur has moved the Karnataka High Court seeking a modification of a lower court order and allow a DNA test to be conducted on a child born to his sister-in-law.

In his criminal petition, Satish Babu Tiwari of Naya Shyam Nagar Naubasta in Kanpur, Uttar Pradesh, sought modification of the order of the City Civil Judge (Fast Track Court 5), Bangalore, passed on July 29, 2006, stating that if the DNA test was not conducted there would be a miscarriage of justice. He said he was the younger brother of Anand Kumar Tiwari, former corporal in the Indian Air Force (IAF). His brother was initially stationed at the IAF Station at Jalahalli in Bangalore in 2002 and was residing in the family quarters along with his wife Rita.

He said his brother was found murdered in his quarters on September 9, 2002, and investigations revealed that Rita and her paramour Deenu alias Dinesh Kumar of Sarsaul village in Kanpur were involved in the murder.

He said Rita had conceived the child after her illicit relationship with Deenu. Fearing social ostracism, she and Deenu had decided to do away with Tiwari. The police, during the investigation, did not conduct the DNA test to determine the paternity of the child.

Mr. Satish Tiwari said that he had appealed to the lower court for the DNA test but the order of the court was not clear on the matter. The paternity test was important to determine the motive for the murder and also prove that his brother was not in Bangalore during the probable dates Rita could have conceived. He sought a direction to the investigation officer to take steps to conduct the DNA test.