The Bombay High Court has granted bail to a man in a rape case after the DNA report proved he was not the biological father of the minor victim’s baby. Additionally, the court criticised the police for not conducting further investigation to identify the real culprit, stating that the mystery created by the DNA report remained unsolved.
Man was booked under POCSO
Justice GA Sanap heard the plea filed by the man challenging the trial court's bail rejection. The man was booked under various sections of the Indian Penal Code and POCSO following a complaint by the victim’s mother.
Advocates Preshita Parab and Tripti Shetty highlighted that the DNA report, unavailable during the initial bail plea rejection, excluded the man as the biological father. They argued that despite this, the police failed to investigate further to identify the actual perpetrator.
Judge slams police investigation
Additional Public Prosecutor PN Dahbholkar opposed the plea, emphasising the victim's firsthand account. However, the judge criticised the lack of police investigation, stating that the Investigating Officer seemed uninterested in tracing the real perpetrator.
Acknowledging the man's prolonged incarceration without evidence, the court directed his release on a Rs 25,000 personal bond.