The Bombay High Court has denied bail to a man who is accused of raping a teenager. The Court said that ruling the man out as the biological father of the child through a DNA test is not conclusive evidence that the rape did not happen. It also said that it can only be made used as corroborative evidence.
In the July 26 order, Justice Bharati Dangre said that “Since the victim is firm in her vision that the applicant had forcibly committed sexual intercourse with her, he shall be subjected to trial.”
Moreover, she also said that he does not deserve to be released on bail just because the DNA test excluded him from being the child’s biological father.
In September 2020, the man was booked under IPC sections for rape and also under POCSO.
After the girl turned out to be pregnant, the DNA test of the foetus did not show that the accused is the father.
