Accuracy Of DNA Test Result Cannot Be Doubted Unless The Procedure Is Shown To Be Compromised: Tripura HC Dismisses Rape Convict’s Appeal [Read Judgment]

first_imgNews UpdatesAccuracy Of DNA Test Result Cannot Be Doubted Unless The Procedure Is Shown To Be Compromised: Tripura HC Dismisses Rape Convict’s Appeal [Read Judgment] LIVELAW NEWS NETWORK9 Oct 2020 1:14 AMShare This – xUnless the procedure is compromised, the accuracy of DNA test result cannot be doubted, the Tripura High Court observed while dismissing appeal filed by a man convicted for raping a minor girl.Bahadur Debbarma, the convict, had contended that mere determination of parentage would not be sufficient to record conviction of the accused for rape. He relied on a decision of the Gujarat High Court…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginUnless the procedure is compromised, the accuracy of DNA test result cannot be doubted, the Tripura High Court observed while dismissing appeal filed by a man convicted for raping a minor girl.Bahadur Debbarma, the convict, had contended that mere determination of parentage would not be sufficient to record conviction of the accused for rape. He relied on a decision of the Gujarat High Court in State of Gujarat vs Jayantibhai Somabhai Khant in which it was held that mere establishment of the identity of the father of the foetus in any case would not be sufficient to record conviction of the accused for rape.The public prosecutor contended that in the said case decided by Gujarat High Court, the victim herself did not support the prosecution case but in the instant case, the victim has categorically stated that she was raped by the appellant. Taking note of these contentions, the bench comprising Justices S. Talapatra and SG Chattopadhyay said:In Jayantibhai Somabhai Khant (supra) 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 noted that there had been no cross-examination of the doctor in respect of the process of DNA profiling nor its result has been questioned. “PW-12 has stated about the process that he had followed for purpose of DNA extraction and its matching. Hence, there cannot be any doubt about the results which have been definitely recorded in the report..the result of the DNA test cannot be subsided as there had been no cross- examination or denial.” , the court said.While dismissing the appeal, the court also observed that the rehabilitation of the victim of rape is the state’s responsibility. It thus issued a direction for compensation to the victim under Section 357A of the Cr.P.C. in terms of the Victim Compensation Scheme.Case name: Bahadur Debbarma vs.  State of Tripura Case no.: CRL.A(J) No.10 of 2019Coram: Justices S. Talapatra and SG Chattopadhyay Click here to Read/Download JudgmentRead JudgmentSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img

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