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

Deadline Nears, India–EU Talks Heat Up

The success or failure of this round will shape how the two sides proceed, especially on difficult issues that have long blocked progress….reports Asian Lite News India and the European Union on

Delhi Deepens Central Asia Outreach via Chabahar

New Delhi has doubled down on its Connect Central Asia policy, leveraging Chabahar as a lynchpin for access to Afghanistan and beyond….reports Asian Lite News In recent times, global diplomacy has undergone

Europe eyes India, Trump fumbles

The EU Commission President Ursula von der Leyen praised PM Modi for speaking with President Zelenskyy and said India has an important role in ending Russia’s war, a report by Aravind Rajeev

India, UAE chase $100b trade dream

India and the UAE reaffirmed their CEPA partnership, setting a $100 billion non-oil trade target by 2030, with strong focus on energy, food, healthcare, and technology….reports Asian Lite News India and the
Go toTop

Don't Miss

SC seeks Centre’s reply on Uniform Civil Code

A clutch of pleas filed by lawyer and BJP leader

SC gives CBI free hand to probe Narayanan’s case

A bench headed by Justice A.M. Khanwilkar said: “It is