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The Supreme Court bench of the Chief Justice Dipak Misra, and Justices A.M.Khanwilkar and D.Y.Chandrachud, has found no merit and dismissed the petition. While both the trial court and the Delhi high court dismissed his application.
An accused is facing prosecution for sexual assault of a child under Sections 377 and 511 of Indian Penal Code and Section 6 of Protection of Children from Sexual Offences Act, filed an application under Section 173 (8) of Cr.P.C. 1973 praying that investigating agency be directed to conduct Polygraph/Narco Analysis/Brain Mapping test on him.
The appellant-accused, Sidhu Yadav filed a special leave petition against the State of NCT of Delhi .
The accused alleged that the investigation was done in a prejudiced manner, neglecting evidence which could have exonerated the petitioner.
The counsel for the accused submitted before the High Court that the purpose of the application for NARCO test was to preserve the evidence, as with passage of time, value of the test will be diminished. But The Delhi High Court also rejected their contentions.