The report dated July 20, 2012 stated that the petitioner had not fathered the child
Madras high court
Chennai: The Madras high court has directed the Tamil Nadu Forensic science department to conduct a DNA profiling of a girl, who delivered a baby after she was raped by a youth when she was a minor, the baby and the alleged accused.
The court ordered DNA profiling after a goof up in the DNA report filed by the department in 2012, stating that the accused had not fathered the child. In 2009, secretariat police station, filed a case against Santhosh, 20, under Sections 417 and 376 IPC for raping a 13-year-old Dalit girl.
Police filed the final report. During investigation, the police obtained blood samples from Santhosh and the newborn, and sent them to the forensic science department for DNA profiling. The report dated July 20, 2012 stated that the petitioner had not fathered the child.
Despite this report, in view of other evidences the police held that he had sexual intercourse with the girl. During trial, he filed a petition before the Mahila court seeking direction to police to identify the baby's father. The court dismissed his petition. Later, his petition seeking same prayer was dismissed by the high court. Hence, his present revision petition.
Petitioner's counsel R. Sirajudeen submitted that a grave injustice had occurred to the girl. Hence, it is imperative for police to conduct further investigation in order to find out, who had fathered the child.
Justice P.N. Prakash said a careful perusal of the DNA report dated July 20, 2012, and the victim's evidence, showed she gave cogent evidence about the promiscuous relationship Santhosh, the petitioner, had with her, on account of which she conceived and delivered a baby girl on March 31, 2010. The name of the child mentioned in the DNA report was different from that of the baby's name mentioned by the victim during trial.
Dismissing the petition, the judge said extraordinary cases required extraordinary remedies, and the court cannot be a mute spectator when criminal justice system is thwarted.
The judge directed medical officer, forensic medicine department, Rajiv Gandhi Government General Hospital, Chennai, to conduct DNA profiling of the child, her mother and the petitioner. The profiling may be conducted in the presence of the XIV metropolitan magistrate, Egmore. The judge directed the department to file the report within 30 days directly before the Mahila court.
( Source : deccan chronicle )
Next Story
