Now Reading: DNA evidence alone cannot prove lack of consent in POCSO cases: J&K High Court
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DNA evidence alone cannot prove lack of consent in POCSO cases: J&K High Court
DNA evidence alone cannot prove lack of consent in POCSO cases: J&K High Court
The High Court of Jammu & Kashmir and Ladakh has granted bail to a POCSO accused, ruling that a DNA report showing biological contact does not by itself establish absence of consent,…
The High Court of Jammu & Kashmir and Ladakh has granted bail to a POCSO accused, ruling that a DNA report showing biological contact does not by itself establish absence of consent, which is an essential element of the offence. Justice Sanjay Dhar said the evidentiary value of DNA evidence must be assessed alongside the victim's testimony at trial.
The case involves an FIR from April 2015, when the prosecutrix, then believed to be around 17, was found pregnant. A DNA report matched the accused's sample with her child. However, during trial the prosecutrix turned hostile, denying any sexual assault and stating her earlier statements were made at police instance. The complainant, her brother, also turned hostile.
The court noted that while Sections 29 and 30 of the POCSO Act raise rebuttable presumptions against the accused, the accused can show that foundational facts are not established or that trial evidence rebuts the presumption. The court found the prosecutrix's testimony could not be disregarded at the bail stage.
Indian Opinion Analysis
The ruling clarifies that DNA evidence in POCSO cases is not conclusive of guilt without corroboration on consent, which is a distinct element under Section 64 of the Bharatiya Nyaya Sanhita. Under the POCSO Act's presumption framework, the burden shifts to the accused only after the prosecution proves foundational facts, here the victim's hostile testimony weakened that foundation. The decision aligns with the Supreme Court's 2023 judgment in X vs State of Telangana, which held that POCSO presumptions are rebuttable and do not override the right to a fair trial. With the trial ongoing, the key watchpoint is how the trial court weighs the DNA report against the victim's testimony when determining guilt.
Source: livelaw.in
This brief was synthesised by AI from the source linked above.
