The Supreme Court charged an 84-Year-old man for an offense under Protection of Children from Sexual Offences (POCSO) Act for raping a minor and asked him to undergo a DNA test. The rape victim delivered a baby on 5th July 2020. The accused was denied bail, and thus filed a Special Leave Petition before the SC.
The accused in the SLP submitted that he is not responsible for the pregnancy of the daughter of the complainant girl. He submitted that his writ petition before the High Court is still pending. According to him, the complainant has filed a false case because he is a tenant and there was a dispute between the two for non-payment of rent.
The case was heard by the SC bench of Justices Ashok, Bhushan, Sanjay Kishan Kaul, and MR Shah.
Senior Advocate Kapil Sibal appeared for the 84-year-old man wherein he stated that he is incapable of sexual activities. He further reiterated that he is willing to undergo a DNA test and therefore prayed for bail.
Advocate Liz Mathew appeared on behalf of the state and placed before the court that the sample for the DNA test that had already been taken.
Considering the notes, the bench ordered thus:
We have noted from the status report that sample for a DNA test of the petitioner has already been taken. Let the DNA test be conducted to determine the paternity of the child. List the matter after three weeks during which period the DNA report is brought on record.
