HC allows paternity test on child allegedly born out of rape
Times of India | 4 December 2024
Kolkata: The Calcutta High Court recently allowed paternity test on a child allegedly born out of rape after the accused moved the court, pleading that he is not the father of the child.
The dilemma before the bench of Justice Shampa Dutt (Paul) was whether in a case under Sections 376 (rape) and 420 (cheating) of IPC, a DNA examination could be directed, keeping in mind the rights of the child in the case.
"The paternity of the child, if ‘positive', shall prima facie prove access to the relationship. But then the questions to the proof of offence under Section 376 IPC and other offences is to be proved by way of relevant evidence to prove such offences. If ‘negative', it will strengthen the defence of the petitioner of ‘non-access' to the relationship and the petitioner will then be entitled to relief as provided under the law," Justice Shampa Dutt (Paul) stated in the judgement on Dec 2.
The accused stated that he lived at his maternal uncle's place and had no access to the victim. Thus, when "non-access" is claimed in such a relationship, it is the right of the accused to have it proved by way of evidence available/possible, the judge noted.
The de facto complainant, father of the victim (aged 17 or 18 years), alleged that his daughter had physical relationship with the accused on assurance of marriage and became pregnant. The accused was booked in 2008.
The accused claimed that during cross-examination, the victim agreed for a paternity test. The accused on Jan 24, 2023, filed an application praying for DNA test of the victim and her child. The judge rejected the application on the ground that "the specific test will waste the court's time."