POCSO Conviction Can't Be Based Solely On DNA Evidence When Prosecutrix Turns Hostile: Rajasthan High Court

The Rajasthan High Court upheld a trial court order acquitting an accused under the POCSO Act, stating that no person can be convicted solely based on the DNA report, in the absence of any specific allegations of rape/sexual assault by the prosecutrix.A written report was filed against the accused by the father of prosecutrix, alleging abduction of his minor daughter. Case was registered against the accused, but when the statements of the prosecutrix were taken, she did not support the allegation of sexual/assault or rape against him and was declared hostile. In this light, the Trial Court acquitted the respondent, against which appeal was preferred by the State. It was the prosecution case that even though the prosecution version was not supported by the prosecutrix, the DNA report available on record indicated the involvement of accused in the commission of the offence with the prosecutrix. It was submitted that DNA, being scientific evidence, could not be discarded. However, without appreciating the same, benefit of doubt was given to the accused only on a technical count that prosecutrix did not make any allegations of sexual assault against the accused. After hearing the contentions, the bench of Justice Anoop Kumar Dhand framed the question, “whether in absence of any clear and specific allegation of rape/sexual assault, the accused can be convicted for the offence of rape simply on the basis of DNA report?”The Court rejected the argument put forth by the prosecution, and further highlighted that even other evidence available on record failed to prove the case against the accused, beyond reasonable doubt. Reference was made to the division bench decisions of the Court in Dalla Ram v State of Rajasthan and Bhagwan Bairwa v State of Rajasthan, and it was opined that no conviction could be made solely on the basis of DNA report, and the same could not be treated as corroborative evidence. “The presumption under Sections 29 and 30 of the POCSO Act can be drawn only when the prosecution succeeds to prove that any sexual assault has been committed with the victim by the accused.”Accordingly, the appeal was rejected, and the acquittal was upheld. Title: State of Rajasthan v Shyam Kumar Citation: 2025 LiveLaw (Raj) 390Click Here To Read/Download Order

POCSO Conviction Can't Be Based Solely On DNA Evidence When Prosecutrix Turns Hostile: Rajasthan High Court

Nupur Agrawal

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