The Madhya Pradesh High Court has held that a negative DNA match is not a clean chit for an accused, refusing bail in a POCSO case and ordering a special team to trace the biological father of the foetus.
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Jabalpur: The Madhya Pradesh High Court has refused bail to a man accused of sexually assaulting a 16-year-old girl, despite a forensic report that he was not the biological father of her foetus and despite the girl turning hostile at trial. The Court directed the Superintendent of Police, Chhatarpur, to constitute a special team to identify the actual perpetrator and the biological father within two months [Raju Jatav v. State of Madhya Pradesh and Others].
Justice Ajay Kumar Nirankari passed the order on September 25, 2026. The allegations against the applicant are untested, the Court has not recorded a finding of guilt, and the presumption of innocence applies.
The case
The girl, a minor, alleged that the applicant sexually assaulted her in Chhatarpur district. A medical examination found her to be two months pregnant, and the foetus was preserved after termination. The applicant was arrested on her complaint. During the trial, the girl deposed as a hostile witness and said the applicant had not assaulted her. A State Forensic Science Laboratory report dated August 29, 2026 found that the applicant was not the biological father of the foetus, and he relied on it in his bail plea.
What the Court said
The Court did not treat the negative DNA match as grounds for bail. It noted that the victim was a minor aged 16 years, 2 months and 16 days, and that she had been subjected to sexual harassment by the applicant and another person. It placed weight on her earlier statements under Sections 180 and 183 of the BNSS, in which, the Court recorded, she:
categorically alleged that the applicant forcibly committed rape
The Court also found it indicative that the girl was recovered at the instance of the applicant’s wife.
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The directions
The Court directed the Superintendent of Police, Chhatarpur, to set up a special team to carry out a detailed inquiry to identify the actual perpetrator and the biological father of the foetus, complete the investigation within two months, and take appropriate action. The Registrar was told to communicate the order to the Superintendent of Police and the State Government.
Case Title: Raju Jatav v. State of Madhya Pradesh and Others [MCRC 40365 of 2026]
Bench: Justice Ajay Kumar Nirankari, Madhya Pradesh High Court (Jabalpur)
Date of Order: September 25, 2026
Appearances: Baboo Ji Chourasia for the applicant; Naman Mishra, Panel Lawyer, for the State.
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