The Bombay High Court has said that after adopting a rape victim's child, getting her DNA tested will not be in the interest of the child. A single bench of Justice GA Sanap on November 10 granted bail to a man accused of raping a 17-year-old girl and impregnating her.

The girl gave birth to a child and adopted the child.

The bench first wanted to know from the police whether they had conducted DNA test of the child born to the victim. However, the police informed the court that the victim had put the child up for adoption after giving birth. He said that the child has already been adopted and the concerned institution is not disclosing the identity of the adoptive parents. The High Court said that this was appropriate.

The accused claimed in his bail plea that although the victim was 17 years old, their relationship was consensual and she had the understanding. The police case was that the accused forcibly had physical relations with the victim and made her pregnant. The accused was arrested by the suburban Oshiwara police in 2020 on charges of rape and sexual assault under the Indian Penal Code and the Protection of Children from Sexual Offenses (POCSO) Act.

The high court, in its order, said that it cannot at this stage accept the plea of ​​the accused that the victim had consented to the relationship, but since the accused has been in jail since his arrest in 2020, bail should be granted. 

The HC said, it is pertinent to note that in the factual situation since the child has been adopted, DNA testing of the said child may not be in the interest of the child and the future of the child. The HC said that though the charge sheet was filed, charges have not been framed yet by the special court. The judge said there is little chance of the trial being completed in the near future. The accused has been in jail for 2 years and 10 months. Therefore, in my view, it is not appropriate to further imprison the accused.