Calcutta High Court Upholds Decision Not to Discharge Rape Accused Based Solely on DNA Report

Calcutta High Court Reiterates: ‘A person accused of rape cannot be discharged merely based on DNA Report when the case diary contains direct evidence against him’

In a recent judgment, the Calcutta High Court has upheld the decision of the Learned Additional Sessions Judge to not discharge an accused in a rape case based solely on a DNA report. The Court emphasized that a DNA analysis report, which shows that the accused is not the biological father of the child born to the victim, cannot be considered conclusive evidence regarding the crime of rape. It can only serve as corroborative evidence during the trial.

Brief Facts:

The case arose from an application filed by the accused, Rabi Das @ Rabindra Nath Das, seeking discharge from criminal proceedings related to charges under Sections 376(2)(i)/506 of the IPC and Section 4 of the POSCO Act. The accused argued that the DNA report from the Central Forensic Science Laboratory (CFSL) established that he is not the biological father of the child born to the victim, which should exonerate him from the rape allegations.

Petitioner’s Contentions:

The petitioner’s counsel argued that the DNA report proved his innocence, as it clearly indicated he was not the biological father of the female baby. Based on this scientific evidence, the counsel contended that the criminal proceedings should be quashed.

Respondent’s Contentions:

Opposing the petition, the respondent’s counsel maintained that the trial court was correct in rejecting the discharge application. The counsel argued that the accused had raped the victim multiple times, and determining the biological father of the child and the crime of rape are distinct issues. The allegation of rape needed to be adjudicated through substantive evidence presented by both sides during the trial.

Court’s Observations:

Justice Ajay Kumar Gupta, presiding over the case, noted that the victim’s statements, recorded under Section 164 of the CrPC, and the facts documented in the case diary established a prima facie case of rape or penetrative sexual assault against the petitioner. The Court emphasized that:

• The DNA report indicating the petitioner is not the biological father is insufficient for discharge.
• Direct evidence from the case diary suggests multiple instances of rape.
• A DNA report cannot be treated as conclusive evidence for rape but rather as corroborative evidence.

The Court asserted that the discharge of the accused at this preliminary stage, based solely on the DNA report, was unwarranted. It reiterated that substantial evidence from both sides must be presented to prove the allegations of rape.

Decision of the Court:

The Calcutta High Court upheld the rejection of the discharge plea by the Learned Additional Sessions Judge, affirming that the decision was correct, legal, and valid. The Court concluded that the accused could not be discharged on the basis of the DNA report alone, as it was not definitive evidence regarding the crime of rape.

Case Title: Rabi Das @ Rabindra Nath Das v. The State of West Bengal & Anr.
Coram: Hon’ble Justice Ajay Kumar Gupta
Case No.: C.R.R. 649 of 2017

Advocate for the Petitioner: Mr. Amal Krishna Samanta

Advocate for the Respondent:  Mr. Bibaswan Bhattacharya

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