Negative DNA Match Is Not A Clean Chit: MP HC Denies Bail, Orders Special Probe Into Minor's Pregnancy

The Madhya Pradesh High Court has refused bail to a man accused of raping a minor girl in Chhatarpur, even though a forensic report found he was not the biological father of her foetus and the girl herself told the trial court that he had not assaulted her.

Justice Ajay Kumar Nirankari, sitting at the Jabalpur bench, dismissed the second bail application filed by Raju Jatav under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) (Section 439 CrPC). The Court also directed the Superintendent of Police, Chhatarpur, to form a special team and find out, within two months, who actually sexually assaulted the girl.

As per the prosecution, the girl alleged that Jatav forcibly raped her. During investigation, a medical examination revealed that she was two months pregnant. Her pregnancy was terminated and the foetus was preserved. Jatav was arrested on the basis of her allegation, and his blood sample was collected and sent for forensic analysis.

The State Forensic Science Laboratory in Sagar examined the placenta tissue, the foetus and the girl's blood sample, and prepared a report dated August 29, 2026. The report concluded that Jatav was not the biological father of the foetus.

The case then took a further turn at trial. Examined as PW-1, the girl did not support the prosecution story. In her cross-examination, the Court noted, she "has categorically stated that the present applicant has not committed rape with her."

Both developments appeared to favour the accused. Advocate Baboo Ji Chourasia appeared for Jatav, while Panel Lawyer Naman Mishra represented the State.

The High Court, however, declined to treat them as the end of the matter. It observed that the scientific report only ruled out Jatav as the biological father, and that it also showed the girl had conceived pregnancy through physical relations with a man. "The victim is a minor girl having the age of 16 years 2 months and 16 days," the order records, adding that "she was subjected to sexual harassment by the applicant and other person."

The Court also gave weight to what the girl had said earlier. In her statements recorded under Sections 180 and 183 of the BNSS (Section 161 and 164 of CrPC), it noted, she had "categorically alleged that the applicant forcibly committed rape with her" at Bageshwar Dham in Chhatarpur district.

A further circumstance weighed against the applicant. The girl was recovered at the instance of Jatav's own wife. As the Court put it, "The victim was recovered at the instance of wife of the applicant which shows that at that time, she was sexually assaulted."

The Court then dismissed the plea: "Considering the aforesaid facts, the application filed by the applicant is dismissed."

The more significant part of the order lies in its directions. The Court ordered the Superintendent of Police, Chhatarpur, to constitute a special team and "conduct a detailed enquiry and find out that who sexually assaulted the victim and who is the biological father of the fetus." The enquiry must be concluded within two months, after which "an appropriate and suitable action be taken accordingly."

The Registrar has been told to communicate the order to the Superintendent of Police, and a typed copy goes to the State Government for compliance.

Case Title: Raju Jatav vs. The State of Madhya Pradesh and Others

Order Date: September 25, 2026

Bench: Justice Ajay Kumar Nirankari