Lawstreet Journal

Merely Because DNA Report Doesn’t Match with the Victim Constitutes No Ground to Free Accused from Involvement in Gang Rape: P&H HC [READ ORDER]

Lawstreet Journal 25 Jul 2020 10:54pm

Image courtesy: Lawstreet Journal Judiciary Merely Because DNA Report Doesn’t Match with the Victim Constitutes No Ground to Free Accused from Involvement in Gang Rape: P&H HC [READ ORDER]

While denying bail top a gang rape accused, the Punjab and Haryana High Court observed, “Merely because the DNA report (of the rape victim) does not match with the petitioner cannot be termed to be a circumstance to conclude that the petitioner is not involved in the crime.”

The matter, concerning a bail plea, was heard by a single bench of Justice Vivek Puri. The petitioner was booked, in a FIR dated 4 May 2018, under Sections 342/363/366A/506 read with Section 34 IPC and Sections 6 and 7 of the Protection of Children from Sexual Offences Act (POCSO).

The FIR had been registered on the instance of the victim’s father. He alleged that in the intervening night of 3/4 May 2018, between 12:00 afternoon and 2 A.M., his daughter had come to his shop to give him tea. When returning back, she was kidnapped by three men- Bir Singh, Naveen (the present petitioner), and an unknown boy.

The complainant ran after their vehicle and afterward found her in a room, with the three boys present there. The victim told that she was subjected to gang rape by Bir Singh, Naveen, Sonu, and another boy. They threatened her that if she will disclose the incident to anyone outside, they will kill her, she added.

The learned counsel for the petitioner contended that the petitioner, Naveen, was found innocent during the investigation and was summoned under Section 319 Cr.P.C. one of the co-accused, Sonu, was granted bail by the Coordinate Bench of this Court, he added.… Continue Reading...


Tagged: Punjab and Haryana High Court  
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