By Jeevak Mukherjee

The Calcutta High Court ruled on Monday that a DNA report is not conclusive evidence to establish rape, refusing to discharge a man in a rape case despite the DNA report indicating he was not the biological father of the child born to the victim. In the case of Rabi Das @ Rabindra Nath Das vs. State of West Bengal, Single-judge Justice Ajay Kumar Gupta noted that the evidence provided by the victim established a prima facie case of rape or penetrative sexual assault by the petitioner.

“The DNA analysis report cannot be considered conclusive evidence regarding rape and can only serve as corroborative evidence during the trial; it is not definitive evidence,” the Court stated. The Court highlighted that the DNA report from the Central Forensic Science Laboratory showed the petitioner was not the biological father of the child, but this alone could not be a reason to discharge the accused. “An accused cannot be discharged based solely on a scientific report when direct evidence is present in the Case Diary. Allegations of rape may be substantiated by substantive evidence, which requires evidence from both sides. Therefore, at this initial stage, the accused cannot be discharged solely based on the DNA report,” Justice Gupta held. The Court was hearing a revision application filed by the petitioner challenging the decision of a special court designated to hear cases under the Protection Of Children from Sexual Offences Act (POCSO Act). The special court in Purba Medinipur had, in an order passed on January 16, 2017, refused to discharge the petitioner from the rape case.

The petitioner heavily relied on a DNA report revealing he was not the biological father of the child. However, the special court concluded that although the petitioner might not be the biological father, this did not necessarily mean he had not committed rape as alleged. The special court emphasized the need for evidence from both sides, stating that discharging the accused solely based on the DNA report would be prejudicial, given the victim’s allegations of repeated forcible rape. The accused then appealed to the High Court. In his order, Justice Gupta noted that the victim’s parents discovered she was seven months pregnant after she fell ill. Subsequently, the victim disclosed to the police that the petitioner had forcibly had sexual intercourse with her on several occasions and had threatened her with dire consequences.

“All these facts establish a prima facie case of rape or penetrative sexual assault, as well as threat perception against the petitioner. In light of this, the Court finds that the rejection of the petitioner’s discharge request based on the DNA Test Report from CFSL is correct, legal, and valid. There is no error in jurisdiction or law. Thus, the revisional application lacks merit,” the Court said while refusing to discharge the accused.

Case title: Rabi Das @ Rabindranath Das vs State of West Bengal

Citation: C.R.R. 649 of 2017 with CRAN 2/2017 (Old CRAN 3544/2017)

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