DNA test of rape survivor, her child cannot be ordered in routine manner: Allahabad HC

Prayagraj (UP), Sep 11 (PTI) The Allahabad High Court has observed that DNA test of a rape survivor and her child cannot be ordered in a routine manner as it has "serious social consequences".

The high court dismissed a petition filed by one Ram Chandra Ram challenging a trial court's order rejecting his plea for a DNA test of the prosecutrix and her child.

"In an offence under section 376 (rape) IPC, the paternity of the child is not required to be looked into. The DNA test of the prosecutrix and her child has serious social consequences.

"Only when compelling and unavoidable circumstances have emerged on record, which make out a cast-iron case for directing the DNA test of the prosecutrix and her child that court can direct for such a test," Justice Rajeev Misra said.

In the present matter, a criminal case was lodged against the applicant under sections 376 (rape), 452 (house-trespass), 342 (wrongful confinement), 506 (criminal intimidation) of IPC and sections 5/6 of POCSO Act.

Subsequently, after investigation, a chargesheet was filed against the applicant and the matter proceeded to trial.

Later, after examination of five witnesses, the applicant filed an application for DNA test of the prosecutrix and her child. However, the application was rejected by the trial court.

Accordingly, the applicant approached the high court. It was pleaded that the DNA test was necessary to prove the guilt/ innocence of the accused.

The high court observed that it is necessary for the trial court to deal with the charges framed, as it cannot pre-empt trial. It held that the findings of the trial court regarding DNA test not to be conducted in a routine manner in rape cases, was not specifically denied by the applicant.

Citing various judgments of the Supreme Court, the high court observed, "Courts should exercise care, caution and circumspection while considering an application with the prayer for DNA test of the prosecutrix and her child." Holding that there were no compelling circumstances and clinching facts to show absolute necessity for conducting the DNA test on the prosecutrix and her child, the high court in its decision dated August 22 upheld the order of the trial court. PTI COR RAJ KVK KVK