On Monday, the Calcutta High Court ordered a DNA paternity test for a child allegedly conceived through rape, after the accused petitioned the court, denying paternity of the child.
Justice Shampa Dutt (Paul) granted the man’s plea after he asserted that he had no access to the rape victim, who, according to him, was involved in a relationship with another man.
“When “non-access” is claimed in such a relationship, it is the right of the accused to have the same proved by way of evidence available/possible,” the Court said.
The accused was charged in 2008 after the victim's father filed a complaint, alleging that his daughter became pregnant following a physical relationship with the man, who had promised to marry her. The accused had been staying at a relative’s house of the complainant. Based on the complaint, he was booked for rape and cheating.
During the trial, the victim, in her cross-examination, consented to a paternity test to establish the accused as the father of the child. However, the accused argued that the victim had admitted to being in a relationship with another man. He subsequently filed a petition with the trial court for a paternity test.
On August 1, 2023, the trial court rejected his request, labeling it as a tactic to delay proceedings. The accused then approached the High Court.
The High Court observed that while a positive paternity test would prima facie suggest a relationship, the proof of the offence would still depend on the relevant evidence. On the other hand, a negative paternity test would strengthen the accused's defense of non-access.
“The petitioner will then be entitled to relief as provided under the law,” it added.
The Court stated that the man's request had to be granted, not only in the interest of justice but also as an exercise of his valuable legal right. Denying the plea, it noted, would constitute an abuse of the legal process.
In its order for the child's DNA test, the Court directed the accused to deposit ₹1 lakh with the trial court. This amount would be given to the victim and her child if the test results confirm the accused as the father.
“Trial Court to complete the total procedure preferably within 60 days from the date of this order and then proceed in accordance with law,” the Court ordered.
Advocates Dipankar Aditya and Tina Biswas represented the accused.
Advocate Bibaswan Bhattacharya represented the State.
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