DNA Report Not Conclusive In Rape Case: Calcutta HC Rejects Discharge Plea Of Accused
The Calcutta High Court declined to discharge a man accused in a rape case despite a DNA report indicating he was not the biological father of the child born to the victim.
A revision application challenging the ruling of a special court designated to hear cases under the Protection Of Children from Sexual Offences Act (POCSO Act) was filed. Despite the DNA report, the special court had refused to discharge the accused, stressing the need for evidence from both sides to ascertain the truth.
A Bench of Justice Ajay Kumar Gupta emphasized that while DNA evidence is valuable, it alone cannot conclusively establish rape. The Court added, “at this initial stage, the accused cannot be discharged only on the basis of scientific report i.e. DNA Report because DNA analysis report cannot be said to be the conclusive evidence regarding rape and can only be used as corroborative evidence in the trial and it is not clinching evidence.”
Advocate Amal Krishna Samanta appeared for the petitioner and Advocate Bibaswan Bhattacharya appeared for the Respondent.
The Court underscored that the victim's testimony presented a prima facie case of rape or penetrative sexual assault by the petitioner. He emphasized that DNA analysis, though important, serves as corroborative rather than clinching evidence in such trials.
The Court elaborated that the DNA report from the Central Forensic Science Laboratory, which indicated the accused was not the biological father of the child, was insufficient grounds for discharge.
The Court emphasized that in cases of rape, substantive evidence is crucial and cannot be solely reliant on scientific reports like DNA analysis.
The Court added, “All these facts established a prima facie case of rape or penetrative sexual assault as well as threat perception against the present petitioner. It is admitted facts that DNA report, collected from the CFSL, shows the present petitioner is not the biological father of female baby titas. Only on such scientific report, the accused cannot be discharged from a case where direct evidence is apparent from the Case Diary. Allegation of rape may be proved by substantive evidence and to prove substantive evidence, leading of evidence from both the sides are essential.”
Cause Title: Rabi Das @ Rabindra Nath Das v. The State of West Bengal & Anr.
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