Lack of Paternity Does Not Conclusively Negate the Alleged Rapes on Various Occasions: Calcutta High Court Upholds Rejection of Discharge in Rape Charges

In a significant judgment, the Calcutta High Court has reiterated that a negative DNA paternity test does not conclusively prove the absence of rape, thereby upholding the decision to reject the discharge of the accused in a case involving charges under Sections 376(2)(i) and 506 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act.

The petitioner, Rabi Das, sought discharge from a criminal case asserting that a DNA test had proven he was not the father of a child born to the alleged victim, contending his innocence and arguing false implication in the rape charge. The application for discharge was initially rejected by the Additional Sessions Judge on the grounds that paternity alone does not resolve the accusation of rape, which allegedly occurred on multiple occasions.

The High Court, led by the Hon’ble Justice Ajay Kumar Gupta, highlighted that while the DNA report was a significant piece of evidence, it was not conclusive in proving the absence of rape. The Court stressed the importance of considering all available evidence, which includes the testimony of the victim and medical reports, in the substantive trial phase.

Justice Gupta noted, “The allegation of rape on multiple occasions demands a thorough examination of evidence beyond the DNA report.” He further pointed out that the allegations, as detailed by the victim on various instances, required judicial scrutiny which could not be adequately addressed at the discharge stage.

The judgment emphasized the necessity of a full trial to assess all facets of the case, stating that “premature discharge on the basis of a singular scientific report would undermine the judicial process.”

Upholding the lower court’s decision, the High Court dismissed the revisional application, stating that the dismissal of the discharge request was justified and aligned with legal standards. The Court decreed that the case proceed to trial for a comprehensive evaluation of all evidence.

Conclusion: This judgment underscores the principle that while scientific evidence like DNA tests are pivotal, they must be corroborated by other forms of evidence in cases of serious allegations such as rape. The necessity for a full and fair trial to establish the truth beyond reasonable doubt remains paramount in the judicial process.

Date of Decision: 6^th May 2024

Rabi Das @ Rabindra Nath Das vs. The State of West Bengal & Another