The Supreme Court on Wednesday expressed displeasure over the “stalemate” in the case relating to sexual assault charges against self-styled godman Swamy Nithyananda, following his opposition to undergo potency test.
The court observed that such medical examinations have become necessary in view of growing rape cases.
“If the police can’t take blood or hair sample, entire investigation can fall flat. In rape cases, all these tests are done. These tests are becoming necessary day after day in view of rising number of rape cases. In this situation can we say that potency tests should not be done.
We can’t be party to that (view),” a bench of Justices Ranjana Prakash Desai and N V Ramana said.
The court’s observations were in response to a contention by senior advocate Mohan Parasaran, representing Swamy, that the petitioner could not be subjected to “serious invasion of privacy” and violation of law in view of the order to undergo potency test coming more than four years after the charge sheet was filed in the case.
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