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Synopsis

The Gauhati High Court in a rape case recently directed a man convicted of the crime to undergo a DNA test to determine whether he was the father of the child born to the victim.

The decision was made by a division bench consisting of Justice Michael Zothankhuma and Justice Mitali Thakuria, who overruled the man's refusal to consent to the test.

The case dates back to July 26, 2022, when the Sessions Judge in Bongaigaon found the 24-year-old man guilty of raping a 48-year-old woman. The court sentenced him to 12 years of rigorous imprisonment and imposed a fine of Rs 50,000, with an additional one-year simple imprisonment in case of default. The rape had resulted in the birth of a child.

The convicted man subsequently filed an application under Section 389 CrPC in the Gauhati High Court, seeking the suspension of his sentence and release on bail. However, on October 10, 2023, the high court rejected the application, asserting that a DNA test was necessary before considering his release.

The central issue before the court was whether it could compel the man to undergo a DNA test despite his refusal. The division bench, while acknowledging the individual right to privacy claimed by the appellant, emphasized that the pursuit of truth in criminal cases takes precedence.

The court stated, "The right to preserve individual privacy claimed by the appellant has to give way to the object of finding out the truth, otherwise the same could amount to sacrificing the cause of justice".

Citing various legal precedents, the court highlighted that there is no legal barrier to conducting a DNA test on an accused in a rape case. In this instance, where the accused is also alleged to be the father of the victim's child, the court deemed DNA profiling crucial in establishing the veracity of the claims.

Referring to Section 53A of CrPC, which allows the examination of a person accused of rape through DNA profiling, the court concluded that there was no prohibition on the high court issuing a directive for the same. The court ordered the trial court to take additional evidence under Section 391 CrPC, facilitating a DNA test/profiling of the appellant and the child born to the victim.

The court directed that the DNA samples be collected in the presence of the trial court judge, ensuring the completion of the entire process within two months. The results of the DNA test are to be submitted to the high court. The case is scheduled for the next hearing after the completion of this crucial step, marking a significant development in the pursuit of justice in rape cases.

Case Title: SUDIP BISWAS @ BURA VS. THE STATE OF ASSAM AND ANR