‘Positive DNA report does not mean rape’: Court acquits man after 4 yrs in custody

Mumbai: Acquitting a 35-year-old man after he spent nearly four years in prison in a case of sexually assaulting a minor resulting in her pregnancy, a special court observed that the mere fact that DNA report is positive does not mean that rape has been committed and that the prosecution has to prove that the act was against her will.

The DNA report had shown that the accused and the victim were biological parents of the child born to the girl. The victim had not revealed the incident to anyone and carried the pregnancy to its full term. The court said from the DNA report it is proved that there was a physical relationship between the two.

Cannot say the relationship between the victim and the accused is forceful

Special Judge SM Takalikar under the Protection of Children from Sexual Offences Act (POCSO) stated in the judgment that there is no explanation forthcoming from the victim about not disclosing the incidents to her parents. It noted that she went to him daily and said that if the physical relationships were forcible she would not have done so. It further noted that she had learnt about her pregnancy when she was three to four months pregnant but had lodged the complaint only a day before delivery. “She realized that she is pregnant and waited upto her delivery. There is a delay of nine months in lodging the complaint,” the court pointed out, adding that admittedly there was a love affair between the two.

“Taking into consideration all these facts, it cannot be said that the relationship between the victim and the accused is without her consent and forceful,” the special court’s order read. 

Appearing before the court, the victim had told it that the accused was her neighbour and that they had a love affair. She said he denied paternity when she got pregnant and her mother took her to the police station when she learnt about her pregnancy.

Published on: Saturday, March 04, 2023, 10:35 PM IST