July 13, 2022
2 mins read

Identity of child’s father immaterial in rape case, rules SC

Declining to entertain the plea, the bench further added that it does not allow a child’s DNA test at the drop of the hat and pointed out that if the accused were not to be the father of the child, would it obviate rape?..reports Asian Lite News

The Supreme Court on Tuesday declined to entertain a plea seeking a DNA test of the child of a minor, who was allegedly raped.

A bench of Justices D.Y. Chandrachud and A.S. Bopanna, in its order, said: “We are not inclined to entertain the Special Leave Petition under Article 136 of the Constitution. The Special Leave Petition is accordingly dismissed. Pending application, if any, stands disposed of.”

During the hearing, the bench noted that the identity of the child’s father is immaterial to the case. It added that in the offence under the Indian Penal Code’s Section 376, the identity of the father has no relevance.

Counsel representing the accused contended that his client moved the top court against the Allahabad High Court order dated June 25, 2021, which set aside the sessions court order, allowing the DNA test of the child. The accused, in the plea in the apex court, claimed that it is being alleged that he is the father of the child.

Declining to entertain the plea, the bench further added that it does not allow a child’s DNA test at the drop of the hat and pointed out that if the accused were not to be the father of the child, would it obviate rape?

The top court order came on a plea by the rape accused, who is facing trial in a juvenile court, which also declined to entertain his plea for DNA testing. The accused filed the plea through advocate Robin Khokhar.

It has been alleged that seven months ago from the registration of the case, the accused raped the minor girl in front of his family members. The mother of the victim lodged an FIR at police station Kotwali Dehat in Uttar Pradesh’s Sultanpur against the accused and his family members. During the trial, the accused was declared juvenile and trial is in progress before the juvenile justice board.

The high court had noted determining paternity of the child is irrelevant, as the matter is whether the accused raped the victim or not.

ALSO READ-Delhi HC passes split verdict on marital rape criminalisation case

Previous Story

IMF delays loan deal to Pakistan, embarrassing Sharif govt

Next Story

Village battles to save a green patch

Latest from India News

India, UK Cement Strategic Ties

Oliver Robbins met Vikram Misri in New Delhi for UK–India talks reviewing their strategic partnership….reports Asian Lite News Oliver Robbins, Permanent Under-Secretary at the UK’s Foreign, Commonwealth & Development Office (FCDO), met

India, Malaysia Stand Together on Terror

The Speaker reaffirmed Malaysia’s commitment to peace and thanked the Indian delegation for the briefing on India’s approach to dealing with terrorism at large…reports Asian Lite News An all-party Indian delegation met

Don’t Let Bailout Back Terror, Tharoor Warns IMF

Tharoor expressed his displeasure at the International Monetary Fund for enabling Pakistan thus as they divert those funds to arm themselves to attack India….reports Asian Lite News All-Party Delegation leader and Congress

India Doubles Down on BRICS at Brazil Talks

The BRICS Communications Ministers met in Brasilia under the Chair of Brazil on June 2, and conducted discussions on universal and meaningful connectivity…reports Asian Lite News India reiterated its commitment to enduring
Go toTop

Don't Miss

SC judge seeks regulatory law for social, digital media

Justice Pardiwala said India still can’t be classified as a

SC slams Army for ‘discrimination’

Supreme Court directs Centre to consider granting permanent commission to