Delhi High Court On Rape And DNA Test: Delhi High Court gave an important decision on DNA test in rape case, said- This does not decide that…


New Delhi. Giving an important decision in the rape case, Delhi High Court has upheld the decision of acquittal of the accused. Justice Madhu Jain of Delhi High Court said that even though DNA evidence definitely proves paternity and sexual relationship, it does not decide whether the relationship was consensual or not. Justice Jain rejected the woman's petition. The court agreed with the trial court's 2024 decision acquitting the accused. Delhi High Court said that the seriousness of the allegation in a criminal case cannot replace the standard of proof.

The Delhi High Court clearly said that it was necessary for the prosecution to prove that the woman did not consent to the relationship and the accused had committed rape beyond doubt. The woman said that the accused was an acquaintance of her family. He has been raping her against her will by threatening, luring and giving her intoxicating drinks. The woman gave birth to a child in June 2019. In the DNA test, the child's father was found to be the accused. The woman's husband had complained to the police. He had alleged that he saw the wife and the accused in objectionable condition.

In this case, the court found many contradictions in the woman's statement. Allegations of giving drugs, her condition at the time of the first rape, the circumstances of pregnancy and the statement of the woman's husband about the father of the child were found to be among these contradictions. Delhi High Court said in its decision that it is true that in this case the testimony of the woman alone can become the basis for conviction, but for this it is necessary that the testimony be reliable. Delhi High Court said that the trial court evaluated the evidence. The accused was not acquitted on the basis of any single fact. The woman had also accused the accused of keeping her nude photos and videos, but nothing like this was found in the investigation of the mobile phone.

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