By Astha Bhumish Shah 

The Karnataka High Court in criminal appeal filed under Sections 378(1) and (3) of the CrPC challenging the acquittal of the respondents in a case under Sections 448, 376, 504 and 506 of the IPC, Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO), and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) held that it is highly unsafe to convict in a POCSO case by only relying upon a DNA test. It was alleged by the prosecution that the respondent was aware that the girl was a minor and belonged to a scheduled caste had committed forcible penetrative sexual assault on her while stating that he was in love with her and wanted to marry her. This allegedly resulted in the pregnancy of the victim. The Trial Court had previously acquitted the respondent on the grounds that it was not enough to rely upon only a DNA Test without any corroborative evidence. The victim completely denied the allegations of sexual assault by the respondent, the prosecution relied upon DNA Test and medical evidence to prove the same. The Court noted that the victim in her deposition stated that she was never pregnant. The High Court relied upon the medical evidence submitted by the prosecution and agreed with the lower Court to hold that while it is difficult to accept that the victim girl did not become pregnant, there is no convincing material to reverse the lower Court’s judgment. (State Of Karnataka v. X & Anr. – Criminal Appeal No. 100504 of 2021 (A)) 

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