Achi news desk-
GUWAHATI: Calcutta High Court has held that DNA report is not conclusive evidence to establish rape. It comes from a case in which she denied a man’s request to be released from a rape case even though the report indicated he was not the biological father of the child born to the alleged victim.
Judge Ajay Kumar Gupta, while rejecting the amendment petition challenging the lower court’s decision, noted that evidence presented by the girl victim demonstrated an alleged case of rape or penetrative sexual assault against the petitioner.
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"It cannot be said that the DNA analysis report is conclusive evidence of rape and can only be used as corroborating evidence in a trial," The court ruled, emphasizing that the report alone is not enough to dismiss the accused.
The special court designated to hear cases under the Protection of Children from Sexual Offenses Act (POCSO Act) had previously refused to discharge the applicant, even though the DNA report showed that he was not the child’s biological father. The special court concluded that the absence of biological parentage does not necessarily indicate that rape did not occur, implying that direct evidence from the victim requires thorough examination.
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Gupta agreed with the special court’s position, noting that the girl victim’s parents, who discovered her pregnancy when she was 14, reported that she was ill, which led to medical tests that confirmed her condition. After that, the victim revealed to the police that the petitioner had sexually assaulted her on several occasions, and threatened her with dire consequences to keep quiet.
"All these facts established an alleged case of rape or penetrative sexual assault as well as the perception of a threat towards the current petitioner." The court determined. "There is no error of jurisdiction or law. Therefore, the renewed request lacks grounds."
