DNA Can’t Confirm Rape Without Proof Of Lack Of Consent: Delhi High Court

The Delhi High Court has ruled that DNA evidence can establish paternity but not prove consensual sex while acquitting a man who had been sentenced to 10 years for rape

Justice Amit Mahajan said that even if DNA proves the accused is the biological father of the child, pregnancy alone cannot establish rape.

He clarified that DNA evidence in rape cases cannot prove the absence of consent.

He stated that rape under Section 376 of IPC is based on non-consensual sex.

The case details and circumstances made the prosecution’s story highly improbable.

The court noted that the delay in lodging the FIR could be due to social pressure.

Justice Mahajan said it was possible that the woman termed a consensual relationship as rape to avoid social stigma.

He emphasized that benefit of doubt must be given to the accused in such situations.

Silence does not mean consent, but conviction also requires evidence beyond a reasonable doubt.

The court pointed out inconsistencies in the woman’s statements during the trial.

Medical and forensic reports did not confirm the rape allegation.

The woman had claimed the accused, her neighbor, called her to play Ludo and raped her multiple times.

She said the last incident occurred in October or November 2017. She later discovered her pregnancy and filed an FIR in January 2018.

In December 2022, the trial court convicted the youth. He challenged the ruling, saying the relationship was consensual.

The High Court accepted this and acquitted him.

The court concluded that DNA evidence in rape cases cannot override the need for proof of lack of consent.

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