A young man from Aligarh in Uttar Pradesh spent 25-months in jail on charges of raping and impregnating a minor.
After five attempts at a DNA test, it later turned out that the accused was not the father of the victim’s child.
Case:
24-year-old Amit was working as a foreman since 2-years in Faridabad. In July 2018, he returned to his Dattawali village to attend his elder brother’s wedding. After the celebrations, Amit headed back for work, however, in February 2019, he received summons from his village where his mother and sister-in-law had been detained.
The man rushed back to his village where he was immediately arrested. Amit was charged with rape and under sections of POCSO Act. Along with him, his elder brother Chandra Shekhar too was charged with voluntarily causing hurt. His younger brother Sunil and a distant relative Teekshan Pal were also booked on charges of criminal intimidation and house trespass at the Barla police station.
While Chandra got bail, Sunil and Teekshan’s names were dropped from chargesheet due to lack of evidence. However, Amit was lodged at Aligarh district jail.
Allahabad High Court
The bail order on March 19 read,
It is apparent that the (FIR) was lodged after considerable delay that too when pregnancy was detected and prosecutrix said the same to be result of rape committed by applicant but DNA report submitted in sealed envelope and opened before this Court reveals that applicant is not biological father of the foetus.
The court added,
Considering all (the) facts and circumstances of the case, the nature of accusations, severity of the punishment in the case of conviction but without expressing any opinion on the merits of the case, this Court is of the view that the applicant may be enlarged on bail with certain conditions.
Further Action
My next step will be to apply for his discharge from ..under which he was booked.
Statement by Amit & Family
The survivors’s father and I had a dispute over a shared piece of farmland in 2017, after which we had cut off all ties.
I cannot explain how difficult it was. No one would believe even within prison. You lose track of time inside. I would keep a count of days in my head. It took five attempts before the test could be done. The first time was in March 2020. The survivor had not come that day. Only my samples and that of the child were taken.
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