DNA Test Report Favouring Accused In Rape Case Not Gospel Truth, Cross-Examination Of Doctor Necessary: Karnataka High Court

The Karnataka High Court has said that the DNA analysis report, which favours the accused in a rape case, is not a clinching evidence that would result in termination of proceedings against him.

A single judge bench of Justice M Nagaprasanna, while dismissing the accused's petition against the criminal proceedings, said:

"If a positive result of the DNA comes about against the accused, it would constitute a clinching evidence against him for further proceeding. If the result is negative i.e., 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 clinching evidence that would result in termination of proceedings against the accused, the petitioner in the case at hand."

The court relied on the Supreme Court's decision in Sunil V. State of Madhya Pradesh to make the observation.

In the case registered in Mysuru, the petitioner stands accused of offences under Sections 376(2)(i)(n) of the IPC and Sections 5(j)(ii), 5(l) and 6 of the POCSO act for allegedly sexually assaulting a 12-year-old last year.

The girl was later found to be pregnant. When the police filed the chargesheet, the DNA analysis report was not yet ready.

Subsequently, the DNA report came out in favour of the accused as it opined that the DNA sample of foetus did not match with the sample of the accused. He then approached the High Court with the petition seeking quashing of the criminal proceedings against him.

Findings:

The bench referring to the DNA report said that there is no doubt that DNA analysis has emerged in favour of the petitioner. However, it added, the same would not absolve the accused in entirety for the offences alleged.

"Paternity may have been in doubt due to the analysis. 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. Even otherwise, the DNA sample report that is given by the analyst is also to be confirmed by way of evidence. 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," said the court.

The bench then perused the statement of the victim recorded before a magistrate under section 164 of the Criminal Procedure Code and said, "If what the 12 year old child narrates before the learned Magistrate, is taken note of, they are all unpardonable acts on the part of the petitioner unless proved otherwise."

It added, "The DNA test would exclude the petitioner as father of the child, but cannot discredit what the victim has narrated in her 164 Cr.P.C. statement that the petitioner had forcibly committed sexual acts on her. There is no reason to disbelieve the testimony of the victim as narrated in the said statement."

The bench said 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, it added.

"Finding no merit, the Criminal Petition is dismissed," said the court.

Case Title: ABC v. STATE BY T.N.PURA POLICE STATION