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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Investors become poorer by Rs 12 lakh cr in three days of market fall
New Delhi, Jan 10: Investors' wealth tumbled Rs 12 lakh crore in three days of market slump due to uninterrupted foreign fund outflows and concerns over quarterly earnings.
Also, rising crude oil prices and a strengthening dollar index added to investors' pessimism.
In three days, the BSE benchmark Sensex tanked 820.2 points or 1.04 per cent.
On Friday, the 30-share BSE benchmark declined 241.30 points or 0.31 per cent to settle at 77,378.91. During the day, the benchmark gyrated 820.15 points between the day's high of 77,919.70 and low of 77,099.55.
The NSE Nifty dropped 95 points or 0.40 per cent to 23,431.50.
The market capitalisation of BSE-listed firms diminished by Rs 12,07,314.99 crore to Rs 4,29,67,835.05 crore (USD 5 trillion) in the three days.
From the 30-share blue-chip pack on Friday, IndusInd Bank, NTPC, UltraTech Cement, State Bank of India, Sun Pharma, Axis Bank, Tata Steel and Power Grid were among the major laggards.
Tata Consultancy Services jumped nearly 6 per cent after the IT services company reported an 11.95 per cent surge in the December quarter net profit to Rs 12,380 crore.
Devarsh Vakil, Head of Prime Research at HDFC Securities, said, "Strong quarterly earnings from TCS drove the IT index up 3.4 per cent, helping the market withstand a sharp sell-off."
However, despite broad gains across IT stocks, the Nifty fell for the third consecutive session, Vakil added.
Tech Mahindra, HCL Tech, Infosys and Bajaj Finserv were the other big gainers.
Foreign Institutional Investors (FIIs) offloaded equities worth Rs 7,170.87 crore on Thursday, according to exchange data.
"Domestic market sentiment remained subdued due to rising crude oil prices, driven by supply concerns, and a strengthening dollar index. Despite the IT sector's resilience following positive early Q3 results, broader indices bled due to uncertainties surrounding Trump policies and high valuations.
"Consolidation may persist in the near term, yet investors are closely watching the US non-farm payroll data today for further guidance," Vinod Nair, Head of Research at Geojit Financial Services, said.
The BSE smallcap gauge dropped 2.40 per cent and midcap index declined 2.13 per cent.
Among BSE sectoral indices, power tanked 3.07 per cent, utilities (2.86 per cent), realty (2.64 per cent), industrials (2.08 per cent), commodities (2.05 per cent) and consumer durables (1.98 per cent).
BSE Focused IT jumped 3.17 per cent, IT (2.65 per cent) and teck (2.24 per cent) were the biggest gainers.
As many as 3,167 stocks declined while 827 advanced and 84 remained unchanged on the BSE.
"Markets continued its downward trajectory as the rupee dropping to new lows against the strengthening dollar has further dampened investors' sentiment. Amid concerns of subdued economic growth and expectations of a slowdown in the quarterly earnings, investors cut their bet on banking and mid & small cap stocks.
"With expensive valuations of Indian markets at large still a concern, investors would mostly resort to stock-specific activities," Prashanth Tapse, Senior VP (Research) at Mehta Equities Ltd, said.
