Negative DNA Finding Not Decisive When Prosecution Proves Sexual Assault Through Testimony & Other Medical Evidence: Gauhati High Court

The Gauhati High Court has held that where the testimony of the prosecutrix is reliable and corroborated by her statement and medical evidence, the prosecution can be held to have successfully proved the factum of sexual assault, and a negative DNA finding does not by itself affect such conclusion.

While agreeing with the opinion of the trial court, Justice Pranjal Das, presiding over the case, observed, “In view of the testimony of the prosecutrix, corroborated by her section 164 CrPC statement; the testimony of her brother who was part eyewitness; the corroboration rendered by the medical findings – it has to be held that the prosecution has successfully proved the factum of sexual assault upon the victim by the appellants. In any case, as far as the DNA evidence is concerned, it is not stated that the DNA sample which was taken from the innerwear of the victim and matched with the blood sample of the convict appellants pertain to any DNA/body material of the appellants.”

“The DNA sample taken from the innerwear of the victim could be her DNA as well. And not necessarily the DNA belonging to any or more of the appellants. There is no error in my opinion in the appreciation of evidence of the Learned Trial Court on the aspect of the DNA evidence. And I do not find sufficient force in the contentions of the learned counsel for the appellants in this regard,” Justice Das added.

The case arose from an incident where the prosecutrix, aged about 14 years, was alone at home with her younger brother when the accused persons entered the house, dragged her to a nearby paddy field and committed rape. An FIR was lodged and upon completion of investigation, a charge-sheet was submitted. The trial court, after examining nine witnesses including the prosecutrix, her parents, her brother and the doctor, convicted the accused persons under Section 6 of the POCSO Act and sentenced them to undergo rigorous imprisonment for 10 years.

Before the High Court, the appellants contended that there were contradictions in the evidence, that the medical report did not support the prosecution case, that the DNA findings did not match the accused, and that the age of the victim was not supported by documentary evidence. It was also contended that the prosecution witnesses were interested witnesses.

The prosecution, on the other hand, submitted that the testimony of the prosecutrix was consistent and reliable, that the medical evidence indicated injuries and tenderness, and that the victim was below 18 years based on medical opinion and consistent statements of the witnesses.

The Court, in its judgement, on the question of age, held that there was no dispute regarding the minority of the victim, as the oral evidence of the witnesses was supported by medical opinion indicating her age between 14 and 16 years.

The Court stated, “In the impugned judgment, the learned court has discussed this aspect of the matter and held that despite the negative DNA findings – in view of the cogent and positive testimony of the victim supported by the medical evidence and the testimony of other witnesses – the prosecution case could not be dismissed.”

Thus, the High Court upholding the conviction and sentence stated, “there is no infirmity in the finding of the learned trial court that the accused persons committed penetrative sexual assault upon the victim girl who was a minor aged below 18 years,” and dismissed the appeals.

Case Name: Nripen Rabha v State of Assam & Anr.

Case Number: Crl.A./219/2024

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