~ ~ ~ ~ ~ ~ ~ ~ ~ According to the petitioner/defacto complainant, the accused in the case could not be subjected to potency test as he has not been arrested in the matter as he is abroad. Even though he has sought for anticipatory bail from this Court, the said application was dismissed. According to the petitioner, the investigating officer has filed final report in the matter without subjecting the accused to potency test. In such case, if the accused does not want to undergo the potency test, the necessary inference to be taken is that he is potent. If at all such a test has to be conducted, the trial court, during trial, can send him for potency test or order him to undergo potency test. In case WPC.34326/2014 : 2 : he is not willing, the trial court can necessarily draw an adverse inference in the matter.
With the said observations, this writ petition is disposed of.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/18/12 // True Copy // PA to Judge