Accused Claiming "Non-Access" To Rape Victim Can Seek Paternity Test To Prove His Claim: Calcutta High Court

The Calcutta High Court has allowed an accused in a rape case to undergo a paternity test in order to prove his claim that he had "non-access" to the alleged victim who claimed to have been raped by him and subsequently become pregnant.Justice Shampa (Dutt) Paul relied on the Supreme Court case of Dipanwita Roy vs. Ronobroto Roy and held:"In the present case, there is admittedly no marriage between the parties. The victim girl claims the child to be that of the petitioner. On the other hand, the petitioner denying the paternity of the child has claimed non access to the relationship. Thus, 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 was dealing with the case of the accused who had been charged under Sections 376 and 420 of the IPC after the victim's father complained that his daughter fell in love with the petitioner/accused when she was 17 or 18 years old. Later, the complainant came to know that due to intimacy and a promise to marry, his daughter was in a physical relationship during which she conceived.On completion of investigation, the investigating agency filed charge sheet under Sections 376 and 420 of IPC. Charge was also framed under thesaid Sections and the trial commenced. During cross-examination, the victim girl specifically agreed to undergo a paternal test for herself and her son to prove that he was the son of the petitioner. Petitioner/accused stated that the victim girl was in a relationship with one Ramkrishna Das and it was admitted by the victim girl in her cross-examination. The petitioner filed an application for DNA test of the victim girl and her child, but the Judge rejected the said application of the petitioner on the ground that the specific test will waste the Court's time.Accordingly, in relying on Supreme Court precedents, the bench held that in such a case when there are contradictory submissions, the petitioner would have a right to claim a paternity test in order to absolve himself of the accusations.Thus, it ordered a paternity test to be carried out by the trial court, to be completed within 60 days.Case: LOB DAS VS. THE STATE OF WEST BENGAL & ANOTHER.Case No: CRR 3189 OF 2023Citation: 2024 LiveLaw (Cal) 262Click here to read order

Accused Claiming "Non-Access" To Rape Victim Can Seek Paternity Test To Prove His Claim: Calcutta High Court

Srinjoy Das

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