A sessions court in Mumbai has granted bail to a 25-year-old man – on charges of rape and impregnating the victim – after the DNA Paternity Report confirmed that the accused was not the father of the child. The man had been in jail for the past 17-months.
The court was hearing an application for bail u/s. 439 of Cr.P.C. registered with Santacruz Police Station for the offence punishable u/s. 376 of IPC.
Allegations by Victim’s Parents:
The victim in this case is a 19-year-old girl and the daughter of the complainant. The girl is deaf and dumb and studying in the 7th standard at a special child school. It was alleged that on July 23, 2019, the husband of the complainant got a call from the school since the girl was having pain in her stomach. The girl was later taken to a hospital for check-up, where the parents learnt of her pregnancy.
Though the victim is deaf and dumb the family members understand the sign language of the victim. Therefore when the said fact was confronted to the victim, she disclosed that Applicant committed peno vaginal intercourse with her on two occasions by taking her nude photographs while she was returning from the bathroom. Therefore the complainant reported the matter to the police.
Defense:
The accused claims bail on the ground that he is falsely implicated in the present offence. It is submitted on behalf of the Applicant that the previous bail application came to be rejected as investigation was in progress.
The accused claims that as per the DNA Report produced on record, he is excluded to be the biological father of the male child born to the victim. Therefore it is submitted that the accused man has no role to play in commission of the offence and he is falsely implicated. The accused further submitted that he is ready to abide the conditions imposed by the Court and prayed for release him on bail.
Court Observations
After going through the prosecution case and arguments, the court was of the view that the previous bail application filed by the applicant was rejected and the present bail application is filed due to the change in circumstances after receipt of the DNA Report.
The statement of the victim was also recorded u/s. 164 of Cr.P.C. It is submitted on behalf of the prosecution that in her statement the victim wrote the name of the accused in her handwriting. However, on perusal of the Charge-sheet it appears that the accused was not pointed out to the victim girl for identification during course of investigation.
DNA Report
As per the DNA Report, the court noted,
The Applicant is excluded to be the biological father of male child of the victim. Therefore the said DNA Report negatives the prosecution case that it is the Accused who committed sexual intercourse with the victim and made her pregnant.
Bail Order
The court observed that the accused was arrested in the present offence on 01.08.2019 and that he is in custody for the last 17-months. The charge-sheet is filed. The court said,
It will take time to decide the matter on merit. Looking into the copy of the DNA Report produced on record by the Applicant the prayer made by the Applicant for release on bail needs to be allowed.
The accused has been released on his executing P. B. and S.B. of Rs. 30,000/ with one or more solvent sureties in the like amount.
Speaking to Men’s Day Out, Advocate Prakkash Rohira who represented the accused, said,
The Accused has actually turned out to be the victim in this instance, and was wrongfully prosecuted by the Alleged victim and such complaint was initiated. The Medical report eventually proved false the claims of the Complainant.
Such matters are often considered a social taboo and the life and reputation of the man is ruined for no fault of his. The Family life, work prospects and mental state was destroyed. The grounds presented with regards to the innocence of the Accused are evident. The finality in the matter is pending before the Hon’ble Sessions Court.
Advocate Yash Vyas who jointly worked with Rohira on the case quoted,
There was a severe delay in production of the DNA Paternity Report from the police for which the Writ Jurisdiction of the Hon’ble Bombay High Court had to be invoked. We are satisfied with the Order of the Hon’ble Sessions Court in grant of bail.
According to the defense lawyers, despite the accused being a small income earning kitchen help, he too is entitled to rights and dignity as all other privileged. As a mark of respect to men’s rights, and the possibility of men turning victims in cases of false rape accusations that can devastate the lives of them and the ones surrounding them, it is opined that the accused is the victim in the case, and his identity remain concealed/changed, to protect his integrity and repute, and await the Final Decision in the Case.
CLICK ON THE LINK TO READ FULL ORDER
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http://voiceformenindia.com/in-the-law/no-dna-match-bombay-hc-frees-man-given-life-for-rape/
http://voiceformenindia.com/in-the-law/supreme-court/octogenarian-granted-bail-in-false-rape-case/
http://voiceformenindia.com/in-the-news/false-rape-cases-india-6/
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