Allahabad HC Orders Potency Test Of Accused Who Claimed That 'Depressed' Wife Died By Suicide As She Was Unable To Conceive
Observing that a woman should not always be blamed for being unable to conceive as sometimes, the issue may lie with the man, the Allahabad High Court recently directed a man, booked for the dowry death of his wife, to undergo a potency test.
A bench of Justice Shekhar Yadav directed the Additional Government Counsel to conduct a potency test (पौरूष परीक्षण) of the Accused (Monu) within 10 days and submit a report of the same to the court.
The order was passed after the accused, seeking bail, claimed before the High Court that his wife (victim) died by suicide because she was unable to conceive, due to which she was depressed.
In view of this submission, the Court observed thus:
“Such cases come up before the court almost every day, and the counsels (appearing for the accused) make the above statement that the victim was unable to concieve, so she died by suicide out of depression, whereas sometimes the man himself is not in a position to have a child.”
Given this, the Court directed a potency test of the accused applicant and posted the matter for November 12.
In this case, the victim's family filed an FIR against her husband for harassment and dowry death, following which the police arrested the accused husband earlier this year.