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Calcutta High Court: DNA Report Alone Not Conclusive in Rape Case, Accused Cannot Be Discharged

The Calcutta High Court has ruled that a DNA report alone cannot be treated as conclusive proof in a rape case, rejecting a plea to discharge an accused despite findings that he was not the biological father of the victim’s child.

Justice Ajay Kumar Gupta dismissed a revision plea against a special POCSO court’s order refusing to discharge the accused. The special court had held that both sides must present evidence to determine the truth.

The Bench stressed that while DNA analysis is an important scientific tool, it can only be used as corroborative evidence and not as standalone proof of rape. The Court highlighted that the victim’s testimony established a prima facie case of rape or penetrative sexual assault.

The Court also noted that the DNA report from the Central Forensic Science Laboratory, which excluded the accused as the child’s biological father, was insufficient to dismiss charges. It emphasised that rape allegations can be proved through substantive evidence, including witness testimony, and trials must allow both sides to present their case.

Concluding that direct evidence from the case diary supported the charges, the Court refused to interfere with the trial process.

Case Title: Rabindra Nath Das v. The State of West Bengal & Anr.

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