Himachal Pradesh High Court has given such a decision in a popular case of rape and POCSO Act, which is considered important from the judicial point of view. The court made it clear that it is not justifiable to keep a person embroiled in a criminal trial for a long time on the basis of mere allegations, especially when the scientific evidence does not support the charges leveled against him.
The single bench of Justice Rakesh Kainthala said that the DNA report and other forensic evidence have proved the accused completely innocent. In such a situation, continuing the FIR registered against him would be contrary to the principles of justice.
A case of rape and POCSO Act was registered in 2023.
This matter is from Bilaspur district. In the year 2023, a case was registered against a youth named Ayush on the basis of the complaint of a minor girl in the Mahila Police Station. In the FIR, serious allegations were made under Section 376 (rape), Section 506 (criminal intimidation) of the Indian Penal Code (IPC) and Section 6 of the POCSO Act. It was alleged in the complaint that on March 9, 2023, the accused entered the house and raped her, threatened to kill her if she told anyone and later the victim became pregnant and gave birth to a child.
DNA test changed the whole story
During the investigation of the case, the police sent DNA samples of the victim, the newborn baby and the accused to the Forensic Science Laboratory (FSL). When the investigation report came, it was found that the DNA of accused Ayush did not match that of the newborn child. After this, the police also sent DNA samples of other suspects related to the case for investigation. In this investigation such a revelation was made which changed the direction of the entire case.
New revelations came to light in the investigation
During the forensic investigation, it was revealed that the biological father of the newborn child is not the accused, but the real brother of the victim. After the FSL report, the police recorded the supplementary statement of the victim. In this statement, the victim admitted that her real brother had had physical relations with her. On the basis of this confession and scientific evidence, the investigating agencies re-evaluated the case.
The evidence proves the accused’s complete innocence.
The High Court said in its decision that when the DNA report and other scientific evidence do not support the charges leveled against the accused, then it would not be appropriate to force him to face trial. The court also held that keeping an innocent person entangled in the legal process for a long time on the basis of mere allegations is against the basic principles of justice.
FIR canceled, accused got legal relief
Based on all the scientific evidence, FSL report and the changed statement of the victim, Himachal Pradesh High Court completely quashed the FIR registered against Ayush. After this decision of the court, the accused got legal relief from the case of rape and POCSO Act.
The important role of forensic investigation came to the fore again.
This case once again showed how important scientific investigation and DNA testing can prove to be in serious criminal cases. The court also made it clear in its decision that scientific evidence cannot be ignored in the judicial process. When the forensic report does not support the allegations, it is the duty of the court to give an impartial verdict based on the available evidence.