While denying bail to a rape suspect, the Bombay High Court ruled that a DNA test ruling him out as the biological father of the child is not conclusive evidence that the rape did not occur and may only be used as corroborative evidence. Reiterating a Supreme Court decision, the Court stated that while a positive DNA result would constitute clinching evidence against the accused, if the result is negative, the other information on record must still be reviewed independently.
As a result, even if a DNA test on a pregnant rape survivor excludes the accused, the court ruled that this cannot be conclusive evidence that the rape did not occur. As a result, Justice Bharati Dangre rejected the accused’s claim that his DNA tests did not match that of the foetus, and thus he should not be linked to the survivor’s rape.
‘It is undeniable that DNA analysis evidence can be used for corroboration. The DNA test rules out the applicant as the child’s father, but this does not discredit the victim, who has stated repeatedly in her statements (recorded under section 164 of the CrPC) that he forced sexual intercourse with her. There is no reason to doubt the victim’s testimony that she was sexually assaulted at the request of the applicant. The DNA test cannot be considered conclusive evidence of a rape; rather, it can be used as corroborative evidence ‘, the judge stated in her July 26 order.
The Bench was hearing a bail application filed by Abbas Asmat Ali, who was arrested by the Navi Mumbai Police for allegedly raping and threatening a 14-year-old girl who worked as his children’s nanny. According to the prosecution case, the accused asked the victim’s mother to send her daughter to his house to look after his children during the COVID-19 lockdown. He and his wife assured the victim that she would be paid on a regular basis.
The victim’s mother agreed and sent her to work as a nanny. After a few days, the accused’s wife had to leave the station, leaving the victim with the children. The accused then took advantage of the situation by forcing himself on the victim. He allegedly raped the girl for ten days in a row and threatened her with serious consequences if she told anyone. The victim was taken to the clinic for severe stomach pain and it was discovered that she was pregnant.
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