DNA mismatch won't absolve crime accused: Karnataka HC
Bengaluru, Oct 9: The Karnataka High Court has said that non-matching DNA samples would not absolve a crime accused since it is only corroborative evidence.
The court rejected the petition of a 43-year-old bus conductor who is accused of raping and impregnating a 12-year-old relative.
He rushed to the High Court, seeking quashing of the case after a DNA test showed that his blood sample and that of the foetus did not match.
The accused is a resident of Mysuru. He has been charged under the Protection of Children from Sexual Offences (POCSO) Act and Indian Penal Code (IPC).
The complaint was filed by the mother of the victim on February 19, 2021. The bus conductor is alleged to have sexually abused the girl due to which she became pregnant.
The police filed a charge-sheet in the case while the report of the DNA test was still pending. When the report came, it showed that the blood sample of the accused and the foetus did not match.
He approached the court, contending that he was not responsible for the victim becoming pregnant.
The government advocate contended that the girl had given a statement that the accused had sexually assaulted her and, therefore, notwithstanding the negative DNA report, the trial had to continue.
The judgement was pronounced by Justice M Nagaprasanna on September 15 who held that despite the DNA analysis showing that the accused was not the biological father of the foetus, "that would not absolve the petitioner in entirety for the offences so alleged."
The court said, "The alleged act has not at all happened cannot be the inference that can be drawn due to a DNA sample coming in favour of the petitioner. Mere production of DNA sample report before this court would not mean that it has to be taken as gospel truth without examination or cross-examination of the doctor who has rendered such opinion."
After quoting the statement of the victim-girl given to the court, the High Court said, "They are all unpardonable acts on the part of the petitioner unless proved otherwise. The DNA test cannot discredit what the victim has narrated in her statement that the petitioner had forcibly committed sexual acts on her."
Terming the DNA test as a corroborative evidence, the court dismissed the petition of the accused. "The DNA test cannot be said to be a conclusive evidence with regard to the allegations made against the petitioner. The DNA test can at best be used as a corroborative evidence," the Bench noted.
Quoting the Supreme Court in the Sunil Vs State of Madhya Pradesh case, the High Court said, "If a positive result of the DNA comes about against the accused, it would constitute clinching evidence against him for further proceeding. If the result is negative, favouring the accused, then the weight of other materials and evidence on record will still have to be considered for corroboration."
"Therefore, it does not form such a clinching evidence that would result in termination of proceedings against the accused," the Bench said.
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Karnataka: SP’s gunman among two arrested for extorting money from rice smuggler
Ballari (Karnataka) (PTI): An armed police constable serving as the district superintendent of police’s personal gunman, along with his accomplice, was arrested for allegedly extorting money from a rice smuggler, police said on Friday.
Devaraj, who had been serving as the SP’s gunman for the past four and a half years, was identified as the mastermind behind the incident.
Following an investigation, Devaraj and his accomplice Sairam were arrested on May 6, while efforts are underway to nab a third accused, Gadilinga, a practising advocate in Ballari, who is absconding, police said.
The matter came to light after a complaint was filed by Sharabappa, a habitual offender allegedly involved in illegal rice transport, they added.
According to police, the incident occurred on the intervening night of April 27 and 28, when a group of masked men intercepted Sharabappa’s rice-laden vehicles near the Moka forest area.
The accused allegedly introduced themselves as members of an “SP squad”, threatened to seize the vehicles and file criminal cases, and demanded money to avoid legal action.
Police said the accused initially demanded Rs 5 lakh and later extorted around Rs 3 lakh from the complainant.
Investigation revealed that Devaraj was the main person involved in demanding and collecting the money, while Sairam and Gadilinga were also involved in the offence. Sairam was allegedly involved in similar activities earlier as well.
Devaraj and Sairam were arrested under Sections 308(2) (extortion) and 3(5) (common intention) of the Bharatiya Nyaya Sanhita.
Police also seized the extorted cash, the four-wheeler, and mobile phones allegedly used in the crime. Efforts are underway to trace Gadilinga.
Addressing a press conference, Ballari Superintendent of Police Suman D Pennekar described the incident as a serious offence that has tarnished the image of the police department.
"There is no official ‘SP squad’ or ‘DSP squad’ operating in the district. Such labels are often misused by impostors or corrupt individuals to commit extortion," the SP clarified.
She said no involvement of other police officers has been found so far.
Departmental proceedings have been initiated against Devaraj, and suspension proceedings are underway. The SP added that strict action will be taken against anyone involved in such offences.
Police said Sharabappa, the complainant, is a known habitual offender involved in illegal rice smuggling, and several cases have already been registered against him in the Moka and Peddihalli areas. A separate case has also been registered against him in connection with rice smuggling on the night of the incident.
Authorities are also exploring the possibility of initiating externment proceedings against him under applicable legal provisions.
The SP urged the public to report any extortion attempts by persons claiming to be part of an “SP squad”, assuring that the identity of informants will be kept confidential.
