Mismatch of DNA not an escape route, rules HC

Court rejects petition of a 43-year-old bus conductor who is accused of raping and impregnating a 12-year-old relative

Justice M. Nagaprasanna held that despite the DNA analysis showing that the accused was not the biological father of the foetus, “that would not absolve the petitioner in entirety for the offences so alleged”.: Representational picture

PTI   |   Bangalore   |  10.10.22 : Karnataka High Court has said non-matching DNA samples would not absolve a crime accused since it is only collaborative evidence.

The court rejected the petition of a 43-year-old bus conductor who is accused of raping and impregnating a 12-year-old relative.

He had approached the high court seeking quashing of the case after a DNA test showed that his blood sample and that of the foetus did not match.

Justice M. Nagaprasanna held that despite the DNA analysis showing that the accused was not the biological father of the foetus, “that would not absolve the petitioner in entirety for the offences so alleged”.

The court said: “The alleged act has not at all happened cannot be the inference that can be drawn due to a DNA sample coming in favour of the petitioner. Mere production of DNA sample report before this court would not mean that it has to be taken as gospel truth without examination or cross-examination of the doctor who has rendered such opinion. The DNA test cannot be said to be conclusive evidence with regard to the allegations…. The DNA test can at best be used as a corroborative evidence.”