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Bangalore. The Karnataka High Court has said that the mismatch of the DNA sample will not prove the accused innocence as it is only supporting evidence. The court dismissed the plea of 43-year-old bus conductor who is accused of raping a 12-year-old relative and getting her pregnant. The accused had approached the High Court, requesting quashing of the case registered against him, after it was found from the DNA test that his ‘conductor’ blood sample and that of the foetus did not match.
The accused is a resident of Mysore. He has been charged under the Protection of Children from Sexual Offenses (POCSO) Act and the Indian Penal Code (IPC). The victim’s mother had lodged a complaint on 19 February 2021. The bus conductor is accused of sexually abusing the girl, due to which she became pregnant. The police filed a charge sheet in the case, while the DNA test report was still pending. When the report came, it was found that the blood samples of the accused and the fetus were not matching.
Arguments on DNA of rape accused rejected in court
The accused approached the court stating that he was not responsible for the victim becoming pregnant. The public prosecutor argued that the girl had given a statement that the accused had sexually assaulted her and hence, the trial would have to continue even if the DNA samples did not match.
Rape accused will not be acquitted even if DNA is not matched with embryo
Justice M Nag Prasanna, while pronouncing the judgment on September 15, had observed that “even if the DNA analysis reveals that the accused was not the biological father of the fetus, it would not completely exonerate the petitioner of such alleged offences”. .’
This statement of the victim cannot be dismissed: Court
Referring to the statement of the victim given to the trial court, the High Court said, “All those acts of the petitioner are unforgivable unless proven innocent. The statement of the victim that the petitioner forcibly had sex with her cannot be denied.
