GUWAHATI: The Calcutta High Court has ruled that a DNA report is not conclusive evidence to establish rape. This comes from a case where it denied a man's plea to be discharged in a rape case despite the report indicating that he was not the biological father of the child born to the alleged victim.
Justice Ajay Kumar Gupta, while dismissing a revision application challenging a lower court's decision, noted that evidence presented by the victim-girl demonstrated a prima facie case of rape or penetrative sexual assault against the petitioner.
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"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," the Court stated, emphasising that the report alone is not sufficient to discharge the accused.
The special court designated to hear cases under the Protection of Children from Sexual Offences Act (POCSO Act) had previously refused to discharge the applicant, despite the DNA report showing that he was not the biological father of the child. The special court concluded that the absence of biological parentage does not necessarily indicate that rape did not occur, suggesting that direct evidence from the victim required thorough examination.
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Gupta agreed with the special court's stance, observing that the victim-girl's parents, who discovered her pregnancy when she was 14 years old, reported that she had fallen ill, leading to medical tests that confirmed her condition. The victim then disclosed to the police that the petitioner had sexually assaulted her on multiple occasions, threatening her with dire consequences to keep silent.
"All these facts established a prima facie case of rape or penetrative sexual assault as well as threat perception against the present petitioner," the Court stated. "There is no error in jurisdiction or law. Thus, the revisional application is devoid of merits."
