The Gauhati High Court has ruled that if a DNA test clearly establishes that the accused is not the biological father of a child born to a prosecutrix in a POCSO case, the victim’s statement loses credibility and cannot, by itself, form the basis of conviction.
Background
In this case, the accused was convicted under Section 376(3) of the Indian Penal Code and Section 6 of the POCSO Act for allegedly raping a minor girl who later gave birth to a child. During the investigation, a DNA test was conducted to determine whether the accused was the father of the child. The test conclusively ruled out his paternity.
Court’s Observations
The Court found notable inconsistencies between the victim’s statement recorded under Section 164 of the Code of Criminal Procedure and her deposition during trial.
The DNA report was held to be a scientifically conclusive piece of evidence, directly contradicting the prosecution’s main allegation that the accused was responsible for the pregnancy.
The Court stated that when the very foundation of the prosecution’s case is disproved through scientific evidence, the testimony of the victim cannot be treated as reliable evidence for conviction.
It was also observed that the statutory presumption under Section 29 of the POCSO Act applies only when the prosecution first establishes basic facts showing the accused’s involvement. Since those facts failed here, the presumption could not be invoked.
Judgment
The High Court set aside the conviction and acquitted the accused, holding that it would be unsafe to rely solely on the victim’s uncorroborated testimony when the DNA report clearly disproved her claim.
Significance
This decision underscores that while a victim’s testimony carries significant weight in sexual-offence cases, scientific evidence like DNA results can decisively rebut such testimony when it directly contradicts material facts. The judgment reinforces the principle that convictions must rest on credible, corroborated evidence and not on statements that are inconsistent with scientific findings.
