Conducting a DNA test on a child of a rape survivor after adoption will not be in the best interest of the child, observed the Bombay High Court while granting bail to man who allegedly raped a 17-year-old in 2020 and impregnated her.
While releasing the man on bail, Justice GA Sanap also noted that the man was behind bars since his arrest in 2020 and the chances of “completion of trial in the near future is bleak”.
When the judge asked the police whether it conducted DNA test of the newborn, the police replied that the baby was given in adoption.
Additional public prosecutor Pallavi Dabholkar informed the court that the child had been already adopted and the institution concerned was not disclosing the identity of the adoptive parents.
“It is pertinent to note that in the factual situation since the child is given in adoption, the DNA test of the said child may not be in the interest of the child and future of the child,” Justice Sanap said.
Man’s advocate Prabhanjan Dave submitted that though the victim was 17 years old, their relation was consensual and she had attained the age of understanding and therefore was aware of the consequences of the act.
The prosecution, however, alleged that the man forcibly established physical relations with the victim and impregnated her.
A case was registered with the Oshiwara police station and he was arrested in 2020 on charges of rape and sexual assault under the India Penal Code and Protection of Children from Sexual Offences (POCSO) Act.
The court noted that it cannot accept the man’s defence that the relationship was consensual at this stage, but directed his release noting that he has been languishing in jail since his arrest in 2020.
The chargesheet was filed but the charges are yet to be framed by the special court, the HC noted.
“The possibility of completion of the trial in near future is very bleak. The accused has been in jail for 2 years and 10 months. In my view, therefore, further incarceration of the accused in jail is not warranted,” Justice Sanap said while directing his release on furnishing a personal bond of Rs 25,000.
