Rape accused acquitted in light of failure to conduct DNA test that could be a clinching evidence to prove the case

Bombay High Court: A Single Judge Bench comprising of Manish Pitale, J., reversed the judgment of the trial court where the appellant was convicted for an offence punishable under Section 376 IPC and sentenced to 5 years of rigorous imprisonment.

The appellant was accused of committing forcible sexual intercourse on the prosecutrix on two occasions by which she became pregnant. It was alleged that the appellant sexually abused the prosecutrix on a certain day, and after that again when the prosecutrix went to his home to watch television while he was alone. The said incidents were disclosed by the prosecutrix to her mother after she became pregnant, and an FIR was registered against the appellant. The appellant denied the allegations, but the trial court convicted him under Section 376. The appellant contended that the prosecutrix was pregnant with the child of her cousin with whom she stayed for 5-6 months. It was submitted that the appellant was falsely implicated in the case.

The High Court perused the record and found the conviction of the appellant to be unsustainable. It was noted that the conviction was based solely on the evidence of the prosecutrix. There were discrepancies in her statement. She told her mother that the appellant committed the act forcibly, while the doctor was told that it was committed on false pretext of marriage. Further, it was admitted by her that she had a cousin of same age as alleged by the appellant. In such circumstances, and on categorical stand of the appellant that he was falsely implicated, the Court held that the Investigating Officer ought to have conducted DNA test of the girl child born to the prosecutrix, for ascertaining her paternity. In absence of clear proof against the appellant, the High Court set aside the impugned judgment. The appeal was, thus, allowed. [Ganesh Pralhad Sontakke v. State of Maharashtra, 2018 SCC OnLine Bom 1795, dated 25-07-2018]

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