Can't Order DNA Test Of Rape Survivor And Child Routinely, Has Serious Social Consequences: Allahabad High Court

The Allahabad High Court has held that DNA test of a rape survivor and her child cannot be ordered in a routine manner as it has serious social consequences.

While dealing with challenge to rejection of DNA test of the prosecutrix and her child, Justice Rajeev Misra held,

“in an offence under Section 376 IPC, the paternity of the child is not required to be looked into...the DNA test of the prosecutrix and her child has serious social consequences. Only when compelling and unavoidable circumstances have emerged on record, which make out a cast-iron case for directing DNA test of the prosecutrix and her child that Court can direct for such a test.”

Case was lodged against the applicant under Sections 376 (rape), 452 (house-trespass), 342 (wrongful confinement), 506 (criminal intimidation) IPC and Sections 5/6 POCSO Act. Chargesheet was filed against the applicant and the matter proceeded to Trial.

After examination of 5 witnesses, the applicant filed an application for DNA test of the prosecutrix and her child on grounds that though the child was premature, he/she was fully grown and therefore, could not have been the applicant's. This application was rejected by the Trial Court. Accordingly, the applicant approached the High Court. It was pleaded the DNA test was necessary to prove the guilt/ innocence of the accused.

The Court observed that it is necessary for the Trial Court to deal with the charges framed as it cannot pre-empt trial. It held that the findings of the Trial Court regarding DNA test not to be conducted in a routine manner is rape cases, was not specifically denied by the applicant.

Citing various judgments of the Apex Court, the Court observed that “Courts should exercise care, caution and circumspection, while considering an application with the prayer for DNA test of the prosecutrix and her child.”

Holding that there were no compelling circumstances and clinching facts to show absolute necessity for conducting the DNA test on the prosecutrix and her child, the Court upheld the order of the Trial Court.

Case Title: Ram Chandra Ram v. State Of U.P. And 3 Others [APPLICATION U/S 482 No. - 24302 of 2024]

Counsel for Applicant :- Amit Kumar Yadav,Bheshaj Puri

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