Court convicts man for raping minor based on DNA traced from clothes, body of victim

New Delhi [India], February 2 : Delhi's Rohini Court has recently convicted a man for raping a minor on the basis of a DNA report. The court convicted the accused based on the fact that DNA was found on the clothes and body parts of the minor victim.
The court convicted the accused despite the fact that the victim had turned hostile.
This case pertains to an FIR lodged at the K N Katju Marg police station in 2017.
Special judge (POCSO) Amit Sehrawat held accused Bharat Kumar guilty of raping a minor and convicted him under related sections.
The court found the accused guilty of the offence of rape / penetrative sexual assault. Under section 376(2)(i) of the IPC and Section 4 of the POCSO Act
Without sexual intercourse, DNA of accused could not be present on the private parts of victim and this fact conclusively proves that accused had sexual intercourse with the child
victim; further, it is immaterial whether such intercourse took place with or without the consent of the victim," the special judge said in the judgement on January 30, 2024.
A special judge held, "Conclusively, it can be said that although the victim and other public witnesses turned hostile, these witnesses were influenced by the accused, and they did not depose truly before the court for the reasons best known to them."
The court observed, "The victim's statement to the doctor and the learned metropolitan magistrate was a true version of the incident, and the same has also been fortified by the FSL report, as per which the DNA of the accused was accountable in the DNA profile generated from the inner as well as outer clothes of the victim and also from the private parts of the victim; it is further fortified by the observation of the doctor who conducted the victim's medical examination."
The court also considered the medical report, which stated that he was competent to perform sexual intercourse.
However, the court acquitted the accused of the offence of kidnapping.
The court said that the prosecution has failed to prove any fact that could suggest that the accused, at any point in time, forced, enticed, or lured the victim to leave the custody of her parents / guardians.
"However, it is on record that the victim left the house with the accused, but there is no fact on record that could explain how the accused asked the victim to leave her house.
It was argued by the counsel for the accused that the investigation officer (IO) failed to collect the CCTV footage of the railway station from which the allegedly victim was found in the company of the accused.
It was also submitted that the IO also did not inform the local police before conducting an investigation at the place from which the victim was recovered.
The accused's Counsel also submitted that Rohit was an important witness, as he
informed the wife of the accused that the accused had brought a girl to his home, but said person was not examined as a prosecution witness.