Chandigarh: Plea to obtain DNA samples of rape accused rejected by court

Ramkrishan Upadhyay

Chandigarh, March 10

Swati Sehgal, Judge, Fast Track Special Court, has rejected the plea of a victim to obtain DNA samples of an accused for ascertaining the paternity of her child.

The woman had filed an application under Section 173 (8) of the CrPC, seeking issuance of direction to police officials for further investigation of the case.

A case was registered against the accused on the victim’s complaint. She alleged that the accused raped her several times in the absence of her husband. She alleged that her husband was an alcoholic. The accused obtained the documents of their house from her husband while he was under the influence of liquor.

After taking the documents of their house, the accused started blackmailing her and made physical relations with her. As a result, she became pregnant and gave birth to a girl child. She alleged that the police conducted shoddy investigation by not obtaining the DNA of the accused for establishing the paternity of her child.

She said further investigation of the case was necessary to establish that the accused was biological father of her child.

SPS Bhullar, counsel of the accused, opposed the application, saying challan and supplementary challan are presented in the case and charges had been framed against the accused in this case. One prosecution witness was also examined.

After hearing the arguments, the court said the complainant was legally wedded wife and was staying with her husband where she was allegedly raped by the accused. The existence of physical relationships between the complainant and the accused were evident from the CFSL report. However, the allegations of the commission of rape upon the complainant are subject to matter of trial. Thus, there is no circumstance on record that warrants for obtaining a DNA sample of the accused on the name of ascertaining the paternity of the complainant’s child under the garb of further investigation.