38.6c New Delhi, India, Saturday, April 20, 2024

Merely Because DNA Report Doesn’t Match with the Victim Constitutes No Ground to Free Accused from Involvement in Gang Rape: P&H HC [READ ORDER]

By Harshil Jain      25 July, 2020 05:24 PM      0 Comments
Merely Because DNA Report Doesn’t Match with the Victim Constitutes No Ground to Free Accused from Involvement in Gang Rape: P&H HC [READ ORDER]

While denying bail top a gang rape accused, the Punjab and Haryana High Court observed, “Merely because the DNA report (of the rape victim) does not match with the petitioner cannot be termed to be a circumstance to conclude that the petitioner is not involved in the crime.”

The matter, concerning a bail plea, was heard by a single bench of Justice Vivek Puri. The petitioner was booked, in a FIR dated 4 May 2018, under Sections 342/363/366A/506 read with Section 34 IPC and Sections 6 and 7 of the Protection of Children from Sexual Offences Act (POCSO).

The FIR had been registered on the instance of the victim’s father. He alleged that in the intervening night of 3/4 May 2018, between 12:00 afternoon and 2 A.M., his daughter had come to his shop to give him tea. When returning back, she was kidnapped by three men- Bir Singh, Naveen (the present petitioner), and an unknown boy.

The complainant ran after their vehicle and afterward found her in a room, with the three boys present there. The victim told that she was subjected to gang rape by Bir Singh, Naveen, Sonu, and another boy. They threatened her that if she will disclose the incident to anyone outside, they will kill her, she added.

The learned counsel for the petitioner contended that the petitioner, Naveen, was found innocent during the investigation and was summoned under Section 319 Cr.P.C. one of the co-accused, Sonu, was granted bail by the Coordinate Bench of this Court, he added. Further, he submitted that the DNA report did not match with the petitioner.

The counsel for the complainant retorted, saying that the two cases are different, and the petitioner’s case is not at par with that of co-accused Sonu.

The petitioner had been summoned under Section 319 Cr.P.C. because the victim had leveled specific and categorical allegations against the accused persons. The petitioner was summoned vide Order dated 7 January 2019, which was upheld by the Court, vide order dated 9 July 2019 in CRR- 1423-2019, added the state counsel.

The Bench observed, “It is a case of gang rape and merely because the DNA report does not match with the petitioner cannot be termed to be a circumstance to conclude that the petitioner is not involved in the crime.”

“In her (victim’s) statement recorded during the course of the trial, the victim has specifically and categorically identified Bir Singh and Naveen, though, she has denied the implication of Sonu, co-accused. Merely because the petitioner was found innocent during the investigation cannot be construed as a mitigating circumstance to extend concession of bail,” it added.

The Court concluded that, in the given circumstance, no ground seems to provide for the extension of bail to the petitioner.



Share this article:

Leave a feedback about this

Trending Judiciary
SC orders for deciding applications for 'Yatras' during polls within 3 days

Supreme Court orders authorities to decide 'Yatra' applications within 3 days during elections, addressing concerns over blanket assembly prohibitions.

19 April, 2024 04:03 PM
Trending Interview
Big Expose | Aryan Khan Drug Case | NCB | Gyaneshwar Singh

A news report is going viral regarding the Deputy Director General of the Narcotics Control Bureau (NCB), Gyaneshwar Singh. Tarakant Dwivedi alias Akela, a Mumbai-based crime reporter has made big claims over the senior IPS officer's Gujarat visit.

19 April, 2024 05:10 PM


Trending Legal Insiders
Need to safeguard judiciary from unwarranted pressures: 21 ex-judges write letter to CJI

21 ex-judges write to CJI Chandrachud urging protection of judiciary from pressures undermining its integrity and autonomy.

15 April, 2024 12:17 PM
Trending Judiciary
SC notice to ED; declines early date on plea by Delhi CM Arvind Kejriwal against arrest

SC issues notice to ED, declines early hearing on Delhi CM Kejriwal's plea against arrest in liquor scam.

15 April, 2024 03:08 PM
Trending Law School
Call For Chapters: Gender-Based Violence and Religion

Calling For Book Chapters: As an editor, Dr. Amit Anand, Assistant Professor, School of Legal Studies, REVA University, Bengaluru, is inviting people to contribute to a book, entitled "Gender-Based Violence and Religion." This book is scheduled to be published by Cambridge Scholars Publishing.

15 April, 2024 04:21 PM
Trending Top Stories
Cannot stop any public rally, Bombay HC on allegation that Ram Navami processions deliberately pass through Muslim-majority areas

The Bombay High Court calls upon the Maharashtra Police to ensure that no law and order issues occur during a Ram Navami rally in a Muslim-majority area in Mumbai.

15 April, 2024 06:36 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email