Quorum: Justices S. Talapatra and SG Chattopadhyay
Accuracy Of DNA Test Result cannot be Doubted Unless The Procedure Is Shown To Be Compromised : Tripura High Court Dismisses Rape Convicts Appeal.
Except if the strategy is undermined, the exactness of DNA test result can’t be questioned, the Tripura High Court watched while Dismissing request documented by a man Convicted for Raping a minor young Girl .
Bahadur Debbarma, the convict, had battled that simple assurance of parentage would not be adequate to record conviction of the blamed for assault. He depended on a choice of the *Gujarat High Court in State of Gujarat versus Jayantibhai Somabhai Khant* in which it was held that simple foundation of the character of the father of the Foetus regardless would not be adequate to record conviction of the charged for assault.
The public Prosecutor Contended that in the said case Decided by Gujarat High Court, the casualty herself didn’t uphold the indictment case however in the moment case, the casualty has completely expressed that she was Raped by the appealing party. Observing these conflicts, the *Bench including Justices S. Talapatra and SG Chattopadhyay stated:*
In Jayantibhai Somabhai Khant, Gujarat High Court has expressed certain reservations even after observing that the DNA result can be of immense value to the investigators, prosecutors as well as to the court in either including or excluding a person from involving in a particular act. But as the victim did not support the prosecution case by stating that she was violated, the Gujarat High Court has observed that mere determination of parentage would not be sufficient to record conviction of the accused for rape. The said report has also clearly noted that they were not laying down any proposition that in every case the DNA result must be corroborated by independent evidence. The science of DNA profiling has been so perfected that unless the procedure is compromised, the accuracy of result cannot be doubted. When the DNA profiling is done properly it results are infallible.
The court noticed that there had been no interrogation of the Doctor in regard of the cycle of DNA profiling nor its outcome has been addressed. *”PW-12 has expressed about the Process that he had followed for Purpose behind DNA extraction and its coordinating.* Henceforth, there can’t be any uncertainty about the outcomes which have been certainly recorded in the report..the aftereffect of the DNA test can’t be died down as there had been no questioning or forswearing.” , the court said.
While Dismissing the Appeal , the court likewise saw that the rehabilitation of the victim of rape is the state’s duty. It accordingly gave a course for remuneration to the casualty under Section 357A of the Cr.P.C. as far as the Victim Compensation Scheme.