DNA Profiling Of Rape Accused Is Legally Permissible; Can't Give Exception Merely Because Accused & Victim Are Siblings: Kerala HC
The Kerala High Court observed that DNA profiling of rape accused is legally permissible and no exception can be granted merely on the ground that the accused and the victim are siblings.
The Court stated that the collection of blood samples from an accused is legally permissible as part of the investigation under Sections 53 and 54 of the Cr.P.C, which is pari materia to Sections 51 and 52 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
A Single Bench of Justice A. Badharudeen observed, “DNA profiling of the accused to compare the same with that of the victim to prove the prosecution allegation is legally permissible and in such a case merely on the ground that the accused and the victim are siblings, the law doesn't give any exception or concession.”
Advocate Prabhu K.N. appeared for the petitioner, while Public Prosecutor M.P. Prasanth represented the respondents.
The prosecution alleged the commission of offences punishable under Sections 376 and 376(3) of the IPC as well as Section 6(1) and 5j(ii) of the Protection of Children from Sexual Offences Act (POCSO Act) by the accused. The prosecution alleged that the hospital authorities found that a 14-year-old female victim was pregnant on scan examination.
The accused filed a petition to quash the seizure of the blood samples which allegedly were forcefully collected for DNA profiling without his consent or permission of the jurisdictional court. Similarly, the victim too prayed for quashing seizure of the blood sample from her body for DNA profiling.
Both the parties argued that the accused in the crime was the direct brother of the victim and if the DNA profiling result were found positive, the same would be fatal to the interest of the accused as well as the victim.
The accused further argued that his blood sample was forcefully collected for DNA profiling without his consent or permission of the jurisdictional court.
The High Court noted the contention raised by the victim and stated that it had no legal footing since collection of blood samples from the accused was legally permissible as part of the investigation under Sections 53 and 54 of the Cr.P.C read with Explanation(a) to Section 53.
Consequently, the Court held, “In view of the above legal principle, these petitions would necessarily fail.”
Accordingly, the High Court dismissed the petition.
Cause Title: XXX v. State of Kerala & Anr. (Neutral Citation: 2024:KER:72392)
Appearance:
Petitioner: Advocates Prabhu K.N. and Manumon A.
Respondents: Public Prosecutor M.P. Prasanth
