DNA Evidence is Crucial in Sexual Assault Cases, Bombay High Court

Nagpur Bench confirms 20-year sentences for all accused in Chandrapur gang rape, emphasizing reliability of DNA evidence.
The Nagpur Bench of the Bombay High Court has upheld the convictions and 20-year sentences of four men found guilty of gang-raping a woman in Chandrapur. In its judgment, the court emphasized the decisive role of DNA evidence in affirming the guilt of the accused, despite inconsistencies in witness testimonies.
The incident took place on June 14, 2015, when the victim and her friend Akash Maroti Mohite were accosted by four men at Vishnu Temple near Ghanta Chowki. Posing as forest officers, the accused demanded money, assaulted the couple, and ultimately two of the men raped the victim. The victim’s mobile phone was used to summon a fourth accused to the scene, and both phones were later recovered from the accused during the investigation. The trial court had convicted the accused based on the victim’s testimony, corroborative evidence from her friend, a forest guard who witnessed part of the incident, and crucial DNA analysis linking the accused to the crime.

The High Court extensively reviewed the testimonies of the victim, her friend, and the corroborative medical and DNA evidence.

The court underscored the importance of DNA evidence in confirming the involvement of the accused. “The DNA profile obtained from blood and semen samples on the victim’s clothing matches the DNA of the accused Sandip and Shubham, establishing their presence and participation in the crime,” the bench noted.

Despite discrepancies in the identification of the accused by the victim and her friend during the trial, the court found their initial statements credible and consistent with other evidence. “Minor inconsistencies in witness testimonies do not detract from the overall reliability of the evidence, especially when supported by scientific proof,” the court stated.

The judgment highlighted the principles of evaluating evidence in cases of sexual violence, reiterating that credible testimony from the victim, supported by corroborative evidence, is sufficient for conviction. “In cases of sexual violence, the testimony of the victim holds substantial weight, especially when corroborated by medical and DNA evidence,” the court asserted.

Justice G. A. Sanap remarked, “The corroboration provided by the DNA evidence is a significant factor that lends credibility to the prosecution’s case, particularly when witnesses may be influenced by extraneous pressures to retract their statements.”

The High Court’s dismissal of the appeals sends a strong message about the judiciary’s reliance on scientific evidence and initial victim testimonies in upholding justice in cases of sexual violence. This landmark judgment is expected to reinforce the legal framework for addressing such crimes, ensuring that convictions are sustained even in the face of witness retractions.

Date of Decision:  July 4, 2024