8 December 2022

Bengaluru : If the DNA test comes about against the ac will constitute cause, it clinching evidence against him for further proceedings. If it is negative. , favouring the accused, then the weight of other materials and evidence on record will still have to be considered for corroboration, the Karnataka high court has said.

Refusing to quash proceedings against a 45 – year – old KSRTC conductor, who allegedly sexually assaulted a 12 year – old girl in January last year, Justice M Nagaprasanna noted that the DNA test report at the best can be used as corroborative evidence.

DNA sample report alone
DNA sample report alone

” Mere production of DNA sample report before the 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, ” the judge said.

On the night of January 5, 2021, the petitioner, who is also a relative, allegedly raped the girl when others in the house were asleep. A case was registered only on February 17, 2021, when a doctor confirmed that she was pregnant. Since the girl was just 12 years old, the foetus was removed and the sample was sent for DNA analysis.

Pending the DNA report, police filed a charge sheet against the petitioner. During the pendency of proceedings, the DNA report was submitted wherein it was opined that the sample of the foetus did not match the blood sample of the petitioner.

The petitioner approached the high court, contending that he was not responsible for the girl becoming pregnant and no such assault had happened.

” If what the 12 – year – old child narrated before the magistrate ( under section 164 of CrPC ) is considered, they are all unpardonable acts on the part of the petitioner unless proved otherwise, ” Justice Nagaprasanna said.

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