Mumbai : The Bombay High Court on Monday directed Binoy Kodiyeri, an accused in a rape case, to give his DNA sample to Mumbai police for a paternity test of the victim's child.
Binoy Kodiyeri, son of Kerala CPM state secretary Kodiyeri Balakrishnan, is accused of sexually abusing a 33-year-old woman under the false pretext of marriage.
The woman in her complaint alleged that she and Binoy were in a relationship since 2009 and they have a child together.
On July 3, a sessions court, while granting Binoy Kodiyeri anticipatory bail, directed him to submit his blood sample to the police station concerned for a paternity test.
Binoy, earlier this month, approached the high court, seeking to quash the case against him.
When the petition came up for hearing on Monday before a division bench of Justices Ranjit More and Bharati Dangre, Binoy's counsel Shirish Gupte said they are disputing the part of the lower court's order directing him (Binoy) to give his DNA sample.
The high court, however, said the lower court order will have to be abided by.
"He (Binoy) will have to give his DNA sample," Justice More said.
Gupte then agreed and said Binoy will appear before the police station concerned and give his blood sample.
"Our only request is that the test report shall be kept in a sealed cover and not revealed to the complainant," Gupte said.
The court directed the police to submit the report in a sealed cover before it and posted the petition for further hearing on August 26.