DNA Evidence Proves Conclusive; Court Emphasizes the Need for Strict Judicial Response in Cases of Incestuous Violence
In a significant judgment, the Delhi High Court upheld the conviction of a father accused of sexually assaulting his minor daughter, reinforcing the role of scientific evidence in cases under the Protection of Children from Sexual Offences (POCSO) Act. The bench, comprising Justices Prathiba M. Singh and Madhu Jain, dismissed the appeal challenging the conviction and sentence of 20 years’ rigorous imprisonment imposed by the Additional Sessions Judge.
The appellant, identified as 'Dry', was convicted for rape, aggravated penetrative sexual assault, and criminal intimidation against his minor daughter. The Court emphasized that DNA evidence played a pivotal role in establishing the appellant's guilt, despite the victim and her mother providing contradictory statements during the trial.
The case originated from an FIR registered in July 2021, where the victim, then a minor, alleged that her father had raped her multiple times, resulting in her pregnancy. The DNA analysis of the foetus conclusively matched with the appellant, thereby substantiating the charges against him.
During the trial, while the victim and her mother tried to retract their earlier statements, the forensic evidence left no room for doubt. The High Court highlighted the statutory presumption of guilt under Section 29 of the POCSO Act, which stands unrebutted when foundational facts are established.
The judgment also stressed the gravity of the crime, noting that offences involving incestuous sexual assault by a parent are particularly heinous, warranting severe punishment. The Court reiterated the need for a stringent judicial response to protect the dignity and safety of children, especially in cases where the familial trust is egregiously violated.
The Court also addressed the appellant's contentions regarding procedural lapses in sample collection and chain of custody, finding no merit in these arguments. The judgment aligns with the Supreme Court's stance on the conclusive nature of DNA evidence in sexual offence cases, as previously upheld in similar judgments.
This ruling sends a strong message about the judiciary's commitment to upholding the protective mandate of the POCSO Act and ensuring justice for victims of sexual violence, particularly within the sanctity of familial relationships.
Bottom Line:
DNA evidence is conclusive and unimpeachable in establishing guilt in cases of sexual assault under the POCSO Act, particularly when the victim is a minor and the offender is a parent.
Statutory provision(s): Protection of Children from Sexual Offences Act, 2012 Sections 6, 29; Indian Penal Code, 1860 Sections 376(2), 376(3), 506(ii); Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 415, 528
Dry v. State NCT of Delhi, (Delhi)(DB) : Law Finder Doc Id # 2842594
