Calcutta HC permits DNA test to check paternity of child in ‘rape case’

Kolkata: In a case of alleged rape where a woman became pregnant due to the relationship with the accused on promises of marriage, Calcutta High Court has allowed DNA test to determine paternity of the child.

The Bench of Justice Shampa Dutt (Paul) was moved by the accused (petitioner) who challenged the trial court’s order rejecting his application for conducting a DNA test.

The complainant (victim’s father) alleged that due to intimacy and false promise to marry his daughter she went into a physical relationship with the accused and conceived.

Case was lodged against the accused under Sections 376 (rape) and 420 (cheating) of IPC. Charge was framed and the trial commenced.

The accused, however, denied the allegations claiming that the victim was in a relationship with another man and it was admitted by her during cross examination.

He also claimed he had no access to the victim.

Hence, he filed the application for a DNA test for the victim and the child.

The victim had agreed to undergo a paternity test for herself and her son.

The trial court observed that the application for DNA was only to delay the matter further. The petition was rejected with a cost of Rs 10,000.

The Supreme Court in a case didn’t permit such a test relying upon Sections 112 and 114 of the Indian Evidence Act. But, in a separate case (‘Dipanwita Roy vs. Ronobroto Roy’), Justice Nagarathna had observed, among other things, that Section 112 was enacted at a time when DNA and RNA tests were not there.

However, even the result of a genuine DNA test cannot escape from the conclusiveness of the presumption under Section 112

Directing that the DNA test be conducted as per the guidelines in Dipanwita Roy vs. Ronobroto Roy, High Court observed that the paternity of the child if ‘positive’ shall prima facie prove access to the relationship.

If ‘negative’, it will strengthen the defense of the petitioner of ‘non-access’ to the relationship and the petitioner will then be entitled to relief as provided under the law.

Accused was also directed to deposit Rs 1 lakh with the trial court. If the test shows ‘positive’, it will be given to the victim girl and her child.