“The DNA test cannot rebut the conclusive presumption envisaged under S. 12 of the Indian Evidence Act. The parties can avoid the rigor of such conclusive presumption only by proving non-access, which is a negative proof.” It was so held in the case

(1) The court in Shaik Fakruddin v. Shaik Mohammed Hasan observed that the court has the power to order a person to undergo medical test and such an order would not be in violation of the right of personal liberty under Article 21 of the constitution. However, the court should not exercise such a power only when it is expedient in the interest of justice and when the fact situation in a given case warrants such an exercise. The DNA test cannot rebut the conclusive presumption envisaged under Section 12 of the Evidence Act. The parties can avoid the rigor of such conclusive presumption only by proving non access, which is a negative proof.