Disposed¶22

R.Akash Behera v. State of Odisha

Orissa HC20 Feb 2026CRLREV/159/2026

Case brief

AI extract

What is this about?

High Court of Orissa, CRLREV No.159 of 2026, Justice V. Narasingh, 20.02.2026 — DNA profiling test of alleged child for paternity refused during pending rape trial (Ss. 450/376(2)(n)/506 IPC, charges 13.10.2025, victim P.W.4); Trial Court (FTSC Bhubaneswar, T.R. Case No.276 of 2025) rejection upheld; Nandlal Wasudeo Badwaik (AIR 2014 SC 932) and Sharda v. Dharmpal ((2003) 4 SCC 493) held distinguishable on facts; revision disposed of.

What did the court decide?

This Court finds no infirmity in the direction of the learned Trial Court in rejecting the Petitioner's prayer for DNA profiling test. ¶20

R.Akash Behera Vs State of Odisha — Orissa HC (2026) — LawSathi Research

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLREV No.159 of 2026

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R. Akash Beehra

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Petitioner

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Mr. S. Sahoo, Advocate

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-versus-

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State of Odisha

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…. Opposite Party

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Mr. S. Panigrahi, ASC

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CORAM: JUSTICE V. NARASINGH ORDER

20.02.2026

Order No.

01 .

Heard learned counsel for the Petitioner and learned counsel for the State.

¶15

Assailing the order passed by the learned Ad hoc Additional Sessions Judge (FTSC), Bhubaneswar dated 05.02.2026 in T.R. Case No.276 of 2025 rejecting the prayer of the Petitioner to direct DNA profiling test of the alleged child to ascertain the truth relating to its paternity, this criminal revision has been filed.

¶16

In the instant case charges have been framed against the accused under Section 450/376(2)(n)/ 506 of IPC on 13.10.2025 and admittedly the case is in the midst of trial and the prosecution allegation is borne out from the order sheet on record that while the victim was in her aunt’s house, the accused entered there and forcibly kept sexual relationship with her making her pregnant.

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Page 1 of 2

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The victim has already been examined as P.W.4.

¶19

To fortify his submission, learned counsel for the Petitioner has relied on the judgment of the Apex Court in the case of Nandlal Wasudeo Badwaik vs. Lata Nandlal Badwaik & anr. reported in AIR 2014 SC 932 and in the case of Sharda vs. Dharmpal reported in (2003) 4 SCC 493 .

¶20

In the light of the sequence as noted, this Court does not find any infirmity in the direction of the learned Trial Court in rejecting the prayer of the Petitioner for DNA profiling test. The decisions as noted above are distinguishable on facts.

¶21

In the given facts of the present case, this Court is not persuaded to hold that the DNA test is essential for a just decision of the issue involved. Hence, this Court is not inclined to entertain the Criminal Revision.

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Accordingly, the CRLREV stands disposed of.

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(V. Narasingh) Judge

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Ayesha

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Signature Not Verified

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Digitally Signed Signed by: AYESHA ROUT Reason: Authentication Location: High Court of Orissa, C utta ck Date: 23-Feb-2026 13:18:18

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R.Akash Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

R.Akash Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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