Gauhati High Court Acquits Sudip Biswas in Rape Case Following DNA Evidence

Appellant acquitted as DNA test disproves paternity; conviction based solely on victim's testimony deemed unsustainable.

In a significant ruling, the Gauhati High Court has acquitted Sudip Biswas, previously convicted of rape under Section 376(1) of the Indian Penal Code, following a DNA test that disproved the prosecution's claim of paternity. The judgment, delivered by a division bench comprising Mr. Michael Zothankhuma and Mr. Anjan Moni Kalita, overturns the previous conviction and 12-year sentence handed down by the Sessions Judge, Bongaigaon.

The case revolved around allegations that Biswas, 24, raped a 48-year-old woman resulting in the birth of a child. The conviction was largely based on the victim's testimony which, the High Court found, did not meet the requisite standard of reliability and credibility. The victim had failed to identify the accused and admitted in cross-examination that she had not seen the face of her alleged assailant due to darkness.

The High Court emphasized the importance of corroborative evidence in such cases, particularly when the sole testimony of the victim lacks credibility. The DNA test, conducted following court directions, confirmed that Biswas was not the father of the child, thereby nullifying the basis of the trial court’s conviction.

The judgment underscores the critical role of DNA profiling in rape cases, asserting that while the quest for truth may outweigh privacy concerns, the integrity of the process must be safeguarded. The court referenced multiple precedents highlighting the admissibility and significance of DNA evidence in criminal proceedings.

The acquittal marks a pivotal moment in the case, with the court directing immediate release of the appellant from custody. The ruling serves as a reminder of the judicial system's reliance on scientific methods to ensure justice while protecting individual rights.

Bottom Line:

DNA profiling plays a critical role in determining the truth in cases of rape, but courts must ensure that the process is not compromised. Sole reliance on the testimony of the victim, without corroborative evidence, may not suffice for conviction, especially when there is a lack of credible identification of the accused. 

Statutory provision(s): Indian Penal Code 1860 Section 376(1), Criminal Procedure Code 1973 Sections 53A, 164A, Evidence Act 1872 Section 112

Sudip Biswas @ Bura v. State of Assam, (Gauhati)(DB) : Law Finder Doc Id # 2783801