"These things are becoming necessary day-by-day in view of rise in rape cases. Can you say that potency test cannot be done? We are at least not party to such (proposition)," a bench headed by Justice Ranjana Prakash Desai said when the controversial godman pleaded that he should not be forced to undergo the test.
The bench said that there is no reason why an accused in a rape case should not be subjected to potency test and also questioned the police for delay in conducting the test in the 2010 case.
"Nobody (accused) should avoid these tests. Why are you so scared of it? Inferences might be drawn from your reluctance to undergo the test," it said.
The bench said that delay in such test is in favour of accused and the accused can be discharge from the case if the report comes negative.
It also expressed anguish over the case lingering on for the past four years when the matter was mentioned before it and warned that it cannot allow this to continue and that the investigation has to be completed.
The Apex Court had on August 5 stayed the Karnataka High Court order directing Nithyananda to undergo the test.
The High Court had on August 1 stayed the non-bailable arrest warrant issued by a Ramanagaram court against Nithyananda and four of his followers in connection with the case.

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