"Not Be In The Interest Of The Child:" Bombay HC Denies DNA Test On Rape Victim'S Child (image:Pixabay)
The Bombay Hight Court on a recent order stated that conducting a DNA test on the child of a rape victim after adoption won”t suit to the child”s best interest.
On November 10, Justice GA Sanap presiding over a single bench permitted bail to a man who was accused of raping a 17-year-old girl, and impregnating her. After giving birth to the baby, the victim put the child up for adoption. Earlier, the court enquired the police if they had conducted a DNA test to the baby, and the officials then replied about the adoption status.
The child has been already adopted and the institution concerned was not disclosing the identity of the adoptive parents, PTI reports as Police is saying. The court affirmed that that it was reasonable.
“It is pertinent to note that in the factual situation since the child is given in adoption, the DNA test of the said child may not be in the interest of the child and future of the child,” the PTI quotes as the Bench is saying.
Meanwhile, in the bail plea accused claimed that though the victim was 17-years-old, their relation was consensual and she was aware of the same. On the other hand, police case states that the accused engaged a forcible physical relationship with the victim and impregnated her. The suburban Oshiwara police arrested the victim under the India Penal Code and Protection of Children from Sexual Offences (POCSO) Act in 2020.
The Court says that at this stage it cannot acknowledge the accused”s claims about consensual relationship with the victim; however, since the accused has been under imprisonment for a long time, the bail should be permitted.
“The possibility of completion of the trial in near future is very bleak. The accused has been in jail for 2 years and 10 months. In my view, therefore, further incarceration of the accused in jail is not warranted,” the judge said.
HC also denoted that even though chargesheet was filed, charges are yet to be formulated by the special court.
(With Inputs from PTI)
