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DNA test not conclusive evidence in rape case: Court

MUMBAI: The Bombay Excessive Court docket in an order has held that DNA take a look at can’t be handled as “conclusive evidence” in a rape case and might solely be used for affirmation. Justice Bharti Dangre made the statement whereas dismissing the bail plea of ​​a Navi Mumbai resident who’s accused of raping a 14-year-old lady dwelling in his neighbourhood. The court docket had dismissed the bail plea of ​​the accused on July 26 and a duplicate of the detailed order was made obtainable on Friday. The accused on this case was arrested in September 2020.

The accused allegedly raped the lady for 10 days. The crime got here to mild after the sufferer skilled extreme belly ache. Her medical examination revealed she was pregnant. In keeping with the chargesheet, an FIR was registered in opposition to the accused at Nerul police station in Navi Mumbai. In keeping with the chargesheet, the lady used to work on the home of the accused and he took undue benefit of her. The court docket mentioned that the DNA take a look at is “negative” however the assertion of the sufferer who has given particulars of the act of sexual assault on her can’t be taken to be false. The Excessive Court docket held that DNA take a look at can’t be termed as conclusive proof in a rape case and can be utilized solely as corroborative proof.

The court docket mentioned, “There is no dispute that the evidence of DNA analysis can be used for confirmation. The statement of the victim girl and her mother has been recorded under section 164 of the Code of Criminal Procedure. The victim has given details of the incidents of sexual assault on her several times which according to her was committed by the applicant.” The court noted that the victim has specifically stated that the accused lured her of some money and also threatened her not to tell anyone about the incident due to which she remained silent. When the girl became pregnant, she told her parents that the accused was responsible for the pregnancy and he forcibly impregnated her. Justice Dangre said, “The DNA take a look at doesn’t show the applicant to be the daddy of the kid, nevertheless it doesn’t presuppose the sufferer to be a liar who in his assertion of 164 has mentioned that the applicant (accused) had forcibly had intercourse along with her.”

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