"Such Offence Demolishes Social Fabric": Allahabad High Court Denies Bail To Man Convicted Of Raping Cousin

The Allahabad High Court recently denied bail to a man convicted of committing rape on his cousin sister (as a result of which she became pregnant and gave birth to a male child) while noting that such offence demolishes social fabric.

The Bench of Justice Anil Kumar Ojha took into account the admitted position of the case that appellant (bail applicant) and rape victim are siblings (Cousin brother and sister) and also noted that the DNA of the child matched with appellant.

Submissions put forth 

The counsel for the appellant submitted that he had been wrongly convicted and the trial court had misinterpreted the evidence available on record. There was an unexplained delay of one month and twenty-four days in the lodgment of F.I.R and that the evidence of eyewitnesses is not admissible in the eyes of law.

It was also argued that the Victim was major at the time of the incident and the appellant is innocent and has not committed the alleged offence.

Primarily it was contended that the conviction of the appellant was not justified biologically on the basis of simply matching the DNA report of the appellant with that of the victim's son because the victim and the appellants are siblings and since all the three persons i.e. victim, her son and appellant are descendants of one ancestor and having the same family tree, they are having same DNA matching.

It may be noted that the Victim's father and the father of the appellant are real brothers having the same father. Therefore, it was argued that the conviction of the appellant simply on the matching of DNA was not justified.

On the other hand, the state counsel argued that on account of rape, the victim became pregnant and gave birth to a child and the DNA of the child and appellant also matched, therefore, he submitted that the offence committed by the appellant is heinous and his bail application should be rejected.

Court's order

Perusing the case records, the Court noted that the victim in her statement before the court had supported the prosecution story and had stated that on account of the alleged rape she became pregnant and gave birth to a child and the father of the child is the appellant.

Further, noting that the DNA of the child matched with that of the appellant, the Court, while denying him bail, observed thus:

"It is admitted position that appellant and victim are siblings (Cousin brother and sister). Such offence demolishes the social fabric. Considering the facts and circumstances of the case, particularly the fact that the victim has supported the prosecution version, I am of the firm opinion that appellant is not entitled to be enlarged on bail."

Case title - Devesh v. State of U.P

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