Not matching of DNA sample will not absolve accused: Karnataka HC

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Bengluru, Oct 9, 2022: While rejecting the petition of a 43-year-old bus conductor accused of raping and impregnating a 12-year-old relative, the Karnataka high court held that the not matching of DNA cannot discredit the rape victim and will not absolve the accused of the crime as it is only corroborative evidence. The accused has requested the court to quash his case as his blood sample did not match the blood found in the fetus of the rape victim.

The bus conductor is accused of sexually exploiting the victim and making her pregnant. He was arrested after a complaint by the victim’s mother and is charged under the Protection of Children from Sexual Offences (POCSO) Act and the Indian Penal Code (IPC).

The government lawyer contended that despite the negative DNA report the trial should continue based on the testimony of the victim that the accused sexually assaulted her.

 Justice M Nagaprasanna held that despite the DNA analysis proving that the accused was not the biological father of the fetus, “that would not absolve the petitioner in entirety for the offenses so alleged."

“The alleged act has not at all happened cannot be the inference that can be drawn due to a DNA sample coming in favor 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 a such opinion," the court said.

The court also quoted the statement given by the victim in the court and 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."

 “The DNA test cannot be said to be conclusive evidence with regard to the allegations made against the petitioner. The DNA test can at best be used as corroborative evidence," the bench noted.

The court also quoted the Supreme Court order in the Sunil Vs State of Madhya Pradesh and said, “If a positive result of the DNA comes against the accused, it would constitute clinching evidence against him for further proceeding. If the result is negative, favoring 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.