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 emerges as a global humanitarian powerhouse

India’s steady evolution into a global humanitarian leader reflects a fusion of compassion, strategy, and capability — a quiet revolution redefining power through empathy and decisive action. India’s foreign policy has undergone

Tel Aviv Halts Progress on West Bank Bills

The vote was carried out during US Vice-President J.D. Vance’s visit to the country….reports Asian Lite News Israel has frozen the West Bank annexation bills that had cleared a preliminary vote in

India Hails Trump’s Role in Gaza Deal

Delhi credits Washington for reviving hopes of Middle East stability…reports Asian Lite News India has praised US President Donald Trump for his role in securing the landmark Gaza agreement, saying the move

Piyush Goyal Woos German CEOs to Invest in India

Goyal is in Germany to engage with CEOs and industry leaders to boost bilateral trade and investment….reports Asian Lite News Commerce and Industry Minister Piyush Goyal met several top CEOs and industry
Go toTop

Don't Miss

SC Notice to Centre on CAA

Citizenship Amendment Act: Supreme Court seeks Centre’s reply on pleas

People must be allowed to raise voice in democracy, says SC

Senior advocate Dushyant Dave, representing the NGO, contended Mishra was