The Calcutta High Court declined to discharge a man in a rape case, asserting that a DNA report, despite concluding he wasn’t the biological father of the victim’s child, isn’t conclusive evidence to establish rape.
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KOLKATA: The Calcutta High Court declared on Monday (May 6th) that a DNA report alone cannot conclusively prove the occurrence of rape, as it upheld the continuation of proceedings against a man accused of rape despite DNA evidence indicating he was not the biological father of the victim’s child. The case was presided over by Justice Ajay Kumar Gupta.
Justice Gupta emphasized that the testimony provided by the victim firmly established a prima facie case of rape or penetrative sexual assault. He stated,
“The 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.”
Further elaborating on the limitations of relying solely on scientific findings, the Court observed,
“Only on such a 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. Accordingly, at this initial stage, the accused cannot be discharged only on the basis of scientific report i.e. DNA Report.”
The issue came to light through a revision application filed by the accused, challenging the refusal of a special court in Purba Medinipur to dismiss the rape charges against him.
The special court had previously decided on January 16, 2017, that despite the DNA report’s findings, the absence of a biological link did not negate the possibility of rape as described by the victim.
Justice Gupta reviewed the circumstances that led to the victim, a 14-year-old girl at the time, revealing her 7-month pregnancy after falling ill. According to the girl’s statement to the police, the petitioner had forced himself upon her multiple times and threatened severe repercussions.
The Court concluded,
“All these facts established a prima facie case of rape or penetrative sexual assault as well as threat perception against the present petitioner. In the light of above, this Court finds the rejection of prayer for discharge of the accused person only on the ground that he is not the biological father of the female baby as per the DNA Test Report collected from CFSL, is correct, legal and valid. There is no error in jurisdiction or law. Thus, the revisional application has devoid of merits.”
This decision underscores the complex nature of evidence in rape cases, where DNA findings, while crucial, are not the sole determinant of guilt or innocence.
CASE TITLE:
Rabindra Nath Das vs State of West Bengal
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