DNA test negative, man acquitted of raping minor

Delhi

A man standing trial for allegedly raping a minor girl over a period of time, who later gave birth to a child, was acquitted by a Delhi court after the DNA test, to check if he had fathered the child, turned out to be negative.

Letting the man off, the court said the girl probably engaged with "somebody else".

"In the instant case, I find it difficult to ignore the DNA report, which totally exculpates the accused. The report throws in the probability that the prosecutrix (girl) was having sexual intercourse with somebody else and it is that person, who impregnated her. She has, for reasons better known to her, concealed these facts from her mother as well as from this court," Additional Sessions Judge Virender Bhat said.

"The DNA report leaves a big dent on the prosecution's case and makes it highly improbable and untrustworthy. I find that the prosecution has failed to produce any clinching evidence against the accused," the judge said.

"The DNA of the accused does not match with the DNA isolated from the blood sample of the child born to the girl, and, hence, the accused is not the biological father of the female child," he said.

The man, a carpenter, was arrested in July 2012 after the girl's mother lodged a complaint against him. The mother alleged that while she was away at work, the man entered her house and raped her 16-year-old daughter over a period of time.

Police had said, "The accused had sexual intercourse with the girl against her will, whenever he found her alone and threatened her that if she disclosed the incident to anybody, he would kill her family members. After a certain period of time, the girl felt pain in her abdomen and her mother took her to a nearby doctor who told her that she was pregnant."

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