DNA Test In Rape Case Not Conclusive Evidence, Says Bombay High Court

The parents told the police that the man and his wife approached them in February 2020 and asked them to send the girl to their home to look after their two children.

A few months later, the girl complained of abdominal pain and then revealed that while she was caring for the accused man’s two minor children, he had committed forcible sexual assault on her for ten days while his wife was away. The girl stated that the accused assured her that he would marry her, and he offered her Rs 200 and established a physical relationship with her twice a day.

The minor’s family claimed that after filing the complaint, the accused’s wife approached them, admitted guilt, and offered to provide the victim girl with treatment.

In the absence of her parents, the accused’s wife took the minor to the hospital and administered two injections and four tablets. However, the foetus could not be terminated.

The Bombay High Court noted that the girl’s medical examination did not reveal any evidence of sexual intercourse since she was examined after seven months.

Reviewing Supreme Court orders, Justice Dangre said that “though a positive result of DNA would constitute clinching evidence against the accused, if the result is negative, the other material on record will still have to be considered independently.”

Justice Dangre further said that since the victim and her mother recorded their statements before the magistrate, “there is no reason to doubt the said statement where the victim has clearly stated about the sexual exploitation at the hands of the applicant, and further, considering the victim’s family’s precarious situation, there is every likelihood of the victim and his family being pressurised by the accused,” the report added.