DNA test in rape case corroborative, not conclusive evidence: Bombay HC
Mumbai(PTI): The Bombay High Court has ruled that a DNA test cannot be said to be the "conclusive evidence" in a rape case, and can only be used for the purpose of corroboration.
Justice Bharati Dangre of the high court made this observation while rejecting the bail application of a Navi Mumbai-based man, accused of raping a 14-year-old girl, his neighbour.
The court had rejected the bail plea of the accused on July 26, but the detailed order was made available on Friday.
The accused in the case was arrested in September 2020. He had allegedly raped the girl multiple times for 10 days. The alleged crime had come to light after the victim complained of severe stomach pain. Her medical test had revealed that she was pregnant. A First Information Report (FIR) was later registered against the man at Nerul police station in Navi Mumbai, the charge sheet said.
The applicant (accused) took undue advantage of the situation of the victim girl, who was working in his house, it said.
The court said that even though the DNA test was negative, there was no reason to disbelieve the testimony of the victim, who has narrated the act of sexual assault upon her at the instance of the applicant (accused).
The DNA test cannot be said to be the conclusive evidence regarding a rape, but it can only be used as a corroborative evidence, the court said.
"It is not in dispute that the evidence of DNA analysis can be used for the purpose of corroboration. The statement of the victim girl as well as her mother is recorded under section 164 of the Code of Criminal Procedure (CrPC). The victim has specifically narrated about the incident of repeated sexual assault committed on her by the applicant," the court said.
Further, the victim specifically stated that the accused lured her by paying some amount and even threatened her not to disclose the incident to any person, which compelled her to keep mum. When her pregnancy was disclosed, she revealed to her parents that the applicant is responsible for the pregnancy and he had forced himself upon her.
"The DNA test excludes the applicant as the father of the child, but that does not discredit the victim who has reiterated in her 164 statement that the applicant forcibly committed sexual intercourse with her," Justice Dangre said.
The court said that in the wake of the observations of the Supreme Court, though a positive result of the DNA test would constitute clinching evidence against the accused, if the result is negative, the other material available on record will still have to be considered independently.
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Vijay unable to prove majority, not invited for CM oath ceremony: Sources
Chennai: Actor-politician Vijay has reportedly not been invited to take oath as Chief Minister of Tamil Nadu after failing to demonstrate support from the required number of MLAs, sources in Raj Bhavan said.
According to media reports that quoted sources in the office of R.N. Ravi Arlekar, Vijay could not prove the backing of 118 legislators, the majority mark in the 234-member Tamil Nadu Assembly.
Despite last-minute efforts to secure support from the Viduthalai Chiruthaigal Katchi (VCK), Amma Makkal Munnetra Kazagam (AMMK), and an IUML legislator, Vijay reportedly managed support from only 116 MLAs, falling short by two members.
Sources said Vijay failed to submit letters of support from the VCK and the Indian Union Muslim League (IUML).
Later, the IUML issued a statement clarifying that it was not part of the TVK-led alliance.
Meanwhile, AMMK leader T.T.V. Dhinakaran is also said to have informed the Governor that his party would support the All India Anna Dravida Munnetra Kazhagam (AIADMK) instead.
Earlier in the evening, Vijay had met Governor Arlekar and staked claim to form the government, stating that he enjoyed the support of 118 MLAs.
