Thangapandy v. State rep. by the Inspector of Police, Thirumangalam
2013-01-07
T.SUDANTHIRAM
body2013
DigiLaw.ai
Judgment 1. The petitioner herein is the accused in S.C.No.388 of 2006, on the file of the learned Sessions Judge / Mahila Court, Madurai. He is facing charges for the offences under Sections 376 and 506(ii) IPC. The allegation against the petitioner is that one Vijaya, who was aged only 14 years at the relevant period and also studying 7th standard, was forcibly taken and raped by the accused inside a motor room in a field. As a result of it, she became pregnant. After the complaint of the victim's father to the Police, a case was registered and after filing a final report by the Police, the victim girl had delivered a female child. The petitioner herein filed a petition before the trial Court. On that basis, a DNA test was conducted by Forensic Science Laboratory, Government of Tamil Nadu, Kamarajarsalai, Chennai and a report was given that the female child was not born to the accused. He is excluded from the paternity of the female child. Subsequently, once again a DNA test was conducted by the Central Forensic Science Laboratory, Hyderabad and a report was also given to the same effect that the accused is not biological father of the Baby Jayakodi and Vijaya is the biological mother. Based on the DNA test results, the petitioner herein filed this petition before this Court seeking to quash the proceedings against the petitioner. 2. Learned counsel for the petitioner Mr. T.K. Gopalan submitted that it is the specific case of the prosecution that the alleged victim girl was raped by the accused on a particular day and it was a case of single act. Subsequently, due to that act, the victim girl conceived and delivered a child. The DNA test report has categorically established the fact that the petitioner/accused is not the father of the child and as such the petitioner had not committed any act of rape. The complaint had been given falsely and it is the clear abuse of process of law. Learned counsel further submitted that this Court can rely on the result of the DNA tests, which are scientifically accurate and also stated that the advancement of the science and technology can be used. 3.
The complaint had been given falsely and it is the clear abuse of process of law. Learned counsel further submitted that this Court can rely on the result of the DNA tests, which are scientifically accurate and also stated that the advancement of the science and technology can be used. 3. Per contra, learned Government Advocate submitted that the victim girl was aged only 14 years at the time of occurrence and she had given a specific statement before the Police that she was forcibly raped by the petitioner. Learned Government Advocate further submitted that the evidence must be recorded by the trial Court and thereafter, only it should be decided whether DNA test results could be relied upon or not. Learned Government Advocate further submitted that this case should not be quashed at the threshold and the victim should be given an opportunity to prove her case. 4. This Court considered the submissions and perused the records. 5. One Paramasivam, who is the father of the victim has given a complaint to the Police that his daughter was raped by the accused, but due to fear, she had not disclosed to her parents and only after the pregnancy, they came to know about the incident. During investigation, the Police also recorded the statement of the victim and she also gave a statement about the forcible rape by the accused. At the time of giving statement she was aged only 15 years, who was very young girl. Even at the age of 15, she had become pregnant. 6. There are two aspects one is whether the accused had any sexual intercourse with the victim girl Vijaya or not and the other one is whether he is responsible for the pregnancy of the victim girl. Of-course, the DNA test results are in favour of the accused. According to the DNA test results, the petitioner is not the biological father of the baby Jayakodi. But the victim girl Vijaya is the biological mother. Still, this is not the stage to conclude by drawing an inference from the DNA test results that the accused did not have any intercourse with the victim girl and he has not committed any offence. Even though the DNA test results are scientifically accurate, it is only a scientific opinion.
But the victim girl Vijaya is the biological mother. Still, this is not the stage to conclude by drawing an inference from the DNA test results that the accused did not have any intercourse with the victim girl and he has not committed any offence. Even though the DNA test results are scientifically accurate, it is only a scientific opinion. It is for the trial Court to consider all the aspects after recording the evidence of the witnesses and to decide the issue, taking into consideration of the opinion of scientific experts. Hence, this petition is dismissed. Consequently, connected miscellaneous petitions are also dismissed.