Even if DNA test is negative in rape case, it does not discredit victim: Bombay HC

Justice Bharati Dangre further said in her order that a DNA test cannot be a conclusive evidence in a rape case and that it can only be used for the purpose of corroboration.

Staff ReporterUpdated: Saturday, July 30, 2022, 10:11 PM IST
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Bombay HC | Photo: Representative Image

Mumbai: The Bombay High Court has held that even if DNA test is negative in a rape case, it does not discredit a victim, while rejecting the bail plea of a man accused of sexually assaulting his 14-year-old neighbour over a period of 10 days.

Justice Bharati Dangre further said in her order that a DNA test cannot be a conclusive evidence in a rape case and that it can only be used for the purpose of corroboration.

The matter came to light when the minor had complained of stomach pains and tests revealed that she was pregnant. She had then revealed that the man had forced himself on her and that he was responsible for her pregnancy.

The DNA test had come negative for the man being the father of the foetus. The HC said that even though the test was negative, there was no reason to disbelieve the testimony of the victim, who has narrated the act of sexual assault upon her.

"It is not in dispute that the evidence of DNA analysis can be used for the purpose of corroboration. The statement of the victim girl as well as her mother is recorded under section 164 of the Code of Criminal Procedure (CrPC),” the order stated, adding that the victim has specifically narrated about the incident of repeated sexual assault committed on her by the applicant. It noted further that the minor had specifically stated that the accused lured her with money and even threatened her not to disclose the incident to anyone, thus compelling her not to reveal the incidents.

"The DNA test excludes the applicant as the father of the child, but that does not discredit the victim who has reiterated in her statement that the applicant forcibly committed sexual intercourse with her," Justice Dangre stated in the order.

The court said that though a positive result of the DNA test would constitute clinching evidence against the accused, if the result is negative, the other material available on record will still have to be considered independently.

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