Chennai: Results of DNA tests have come to the rescue of a youth in a rape case here. A Mahila Court acquitted him from a case of allegedly raping his aunt’s daughter and impregnating her in 2009. The girl delivered a child.
According to prosecution, a woman was suffering from cancer and undergoing treatment. To assist her, a close relative sent her daughter, aged 14, and studying in Class VIII, to the woman’s house.
The woman’s son, P. Santhosh alias Sathiyan, 22, befriended the girl. When she attained puberty, the woman assured her relative that her boy and the girl would get married. ‘Thattu Varisai’ was exchanged in an informal manner at the function.
Then, Santhosh impregnated the girl and later refused to marry her. The victim delivered a girl child in March 2010. Based on a complaint by the victim’s mother, Secretariat Colony police station registered a case against Santhosh under sections 376 (Punishment for rape) and 417 (Punishment for cheating) IPC. He was in jail for 90 days.
Challenging the prosecution allegations, Santhosh’s senior counsel, A. Sirajudeen, submitted that the first DNA test showed that the accused was not the father of the child.
Subsequently, on Madras high court’s directive, a second DNA test was conducted. The result of the test again revealed that Santhosh was not the biological father. The result co firmed that the girl was the biological mother of the child.
Acquitting the accused, Mahila court judge R. Kalaimathi said, “DNA test is of course a strong piece of evidence”. “It is not possible to ignore DNA test results, which were negative. And, the result is a big dent on the prosecution case. Under the circumstances, the evidence of the girl cannot be taken as reliable and trustworthy”.
Viewed from all angles and totality of the circumstances, both oral and documentary evidence, the evidence of the girl does not inspire confidence, especially with the interference of DNA test reports. Hence, the prosecution has not proved the case beyond reasonable doubt. Santhosh is found not guilty of the alleged offences, the court said.
