Negative DNA report does not exonerate an accused in rape cases: Tripura High Court
“The purpose of DNA test in rape case is to facilitate the prosecution to prove its case against the accused and merely because the DNA test has a negative report”.
“The purpose of DNA test in rape case is to facilitate the prosecution to prove its case against the accused and merely because the DNA test has a negative report”.
Despite having multiple opportunities to report the alleged acts, complainant remained silent. Her complaint came only after the pregnancy was discovered. The Court stated that these facts lend credence to the possibility that the FIR was a reaction to social pressure and the nature of the relationship was re-cast retrospectively to explain an unwanted pregnancy.
“Call Details Record of the victim would have reflected her location which could have even strengthened the case of prosecution but is not explicable as to why such valuable piece of evidence was not bothered to be collected. Thus, a golden opportunity went begging.”
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