Highly Unsafe To Convict A Person Relying Only On DNA Test: Karnataka HC Upholds Acquittal In POCSO Case
|The Karnataka High Court upheld the judgment of acquittal in a POCSO case on the ground that it is “highly unsafe” to convict a person relying only upon a DNA test.
A Division Bench of Justice Mohammad Nawaz and Justice T.G. Shivashankare Gowda observed, “The trial Court taking into consideration the medical evidence of PW-27 and the DNA report-Ex.P-42 issued by him held that the principles laid down in the above judgment are aptly applicable to the present case and therefore, it is highly unsafe to convict the accused only by relying upon the DNA Test. The findings recorded by the trial Court cannot be said to be either perverse or illegal."
Addl. SPP M.B. Gundawade represented the appellant, while Advocate S.V. Yaji appeared for the respondents.
A criminal appeal was filed under Sections 378(1) and (3) of the CrPC challenging the acquittal of the respondents in a case involving serious charges 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).
The prosecution alleged that the primary respondent, being very well aware that the victim girl was a minor and belonged to a scheduled caste, induced her by stating that he was in love with her and wanted to marry her. He allegedly trespassed into her house and committed forcible penetrative sexual assault on her multiple times, which resulted in the pregnancy of the victim.
The victim completely denied the allegations of sexual assault by the respondent. Hence, the prosecution relied on the medical evidence and the DNA report to establish the allegations.
The trial court acquitted the respondent holding that “it is highly unsafe to convict the accused by relying on the DNA Test alone, without any corroboration.”
The High Court noted that the victim in her deposition stated that she was never pregnant and did not deliver a baby. However, the Court relied on the medical evidence placed on record by the prosecution and said that “it is difficult to accept that the victim girl did not become pregnant. What is relevant to be seen is that whether, the accused has committed penetrative sexual assault on the minor victim, on account of which she became pregnant and delivered a child.”
Consequently, the Court upheld the acquittal of the respondent stating that “we find no convincing material to reverse the said judgment.”
Accordingly, the High dismissed the appeal.
Cause Title: State Of Karnataka v. X & Anr. (Neutral Citation: 2024:KHC-D:7504-DB)