In a case of alleged rape of a minor, the Supreme Court has directed an 84-year-old man to undergo DNA test. The octogenarian man has been booked under Protection of Children from Sexual Offences (POCSO) Act.
The girl delivered a baby on 5th July. The accused was denied bail by the Calcutta High Court in June 2020 citing,
Learned advocate for the petitioner submits that the petitioner is aged to that extent that he is not biologically viable for the commission of the offence. Learned Public Prosecutor submits that the medical report of the petitioner supports the contention of the allegations. Having regard to the offence so alleged as also the stage of the investigation, we are not inclined to release the petitioner on bail at this stage.
Hence the petitioner filed a Special Leave Petition before the Apex Court.
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In his SLP, he submitted that he is willing to get a DNA test done to verify that he is not responsible for the pregnancy of the daughter of the complainant girl. As reported by the Live Law, he submitted that his writ petition before the High Court in that regard is still pending. According to him, a false case has been lodged against him by the complainant who is his tenant and there was a dispute between them regarding non-payment of rent.
When the matter came up before the Apex Court bench of Justices Ashok Bhushan, Sanjay Kishan Kaul and MR Shah, Senior Advocate Kapil Sibal, who appeared in the matter representing the man, submitted that the accused is aged 84, and he is incapable of sexual activities. He reiterated that the accused is willing to undergo DNA Test and prayed for his release from jail.
Advocate Liz Mathew, who appeared for the State, placed before the bench the status report that the sample for DNA test has already been taken from him.
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Taking note of these, the bench subsequently ordered:
We have noted from the status report that sample for DNA test of the petitioner has already been taken. Let DNA test be conducted to determine the paternity of the child. List the matter after three weeks during which period the DNA report be brought on record.