Gauhati High Court Acquits ‘Convict’ after DNA Report Exonerates Him

Staff Reporter

Guwahati: After more than three years of a trial court finding a man guilty of rape, the Gauhati High Court recently acquitted him after a DNA (deoxyribonucleic acid) test revealed that he was not the father of the child born to the rape victim. The trial court had convicted the appellant on the finding that the victim had become pregnant due to the appellant raping the victim and on the ground that in cases involving a rustic woman, a court should not insist on technicalities. The Trial Court thus accepted the statement of the victim that she had been raped by the appellant and that the pregnancy of the victim had been proved.

However, delivering judgement in the case (Crl.A./73/2023), the Division Bench of Justice Michael Zothankhuma and Justice Anjan Moni Kalita observed that the appellant is not the father of the child, as can be seen from the DNA test/profiling done on the appellant and the child. As such, the very basis for the trial court to have convicted the appellant "does not have any legs to stand on".

After considering all the facts in the case, the bench ruled that it cannot agree with the findings of the trial court that the case against the appellant had been proved beyond all reasonable doubt. "The victim cannot be said to be a sterling witness, and the conviction of the appellant on the sole testimony of the victim cannot be upheld, as the same does not inspire the confidence of this Court. In view of the reasons stated above, the impugned judgement being not sustainable, we acquit the appellant from the charges framed against him under section 376(1) IPC. The respondent, especially the jail authorities, are directed to release the appellant from jail immediately," the bench ordered.

Consequently, the HC set aside the impugned judgement dated July 26, 2022, and the sentence passed by the Sessions Judge, Bongaigaon, in Sessions Case No. 49(M)/2018, and accordingly allowed the appeal.

In the case that dates back to 2016, a 48-year-old woman was allegedly raped by the 24-year-old appellant. The woman later gave birth to a child. In July 2022, the trial court convicted the accused under Section 376(1) (rape) of the Indian Penal Code and sentenced him to 12 years' imprisonment.

Again, on October 10, 2023, the High Court rejected the convict's application for suspension of sentence. It held that unless and until a DNA test was done, it would not be proper to release him. Subsequently, the court ordered a DNA test. A year later, the Directorate of Forensic Science, Kahilipara, submitted a report exonerating the accused of the charges against him.

It should be mentioned that, in the final verdict, the HC did not acquit the accused only on the basis of the DNA report. It also examined the victim's testimony and found out that she was told the name of the accused by another woman, who was not made a prosecution witness. "As such, there is a huge gap as to how she (the other woman) or the victim came to the conclusion that the appellant was the rapist," the HC bench concluded, ordering that the appellant be released immediately.

Also Read: Goalpara College NCC units demand justice for rape and murder victim

Also Watch: