Lawstreet Journal

“Merely because DNA report of a child born after gangrape does not establish paternity of the accused, accused cannot be released on bail”: Bombay HC [READ ORDER]

Lawstreet Journal 8 Aug 2020 9:41pm

Image courtesy: Lawstreet Journal Judiciary “Merely because DNA report of a child born after gangrape does not establish paternity of the accused, accused cannot be released on bail”: Bombay HC [READ ORDER]

On 24th July 2020 the High Court of Bombay stated that merely because DNA report of a child born after gangrape does not establish paternity of the accused, it does not mean that the accused can be released on bail and rejected the bail application filed by Vaibhav Ubale who is accused of raping a minor along with two others. 

The case was heard by Justice Bharati Dangre where it was observed that:

“The mere fact that the DNA report does not support paternity is not grounds to release the applicant at this stage. There is every likelihood that he will pressurize the victim girl once being released on bail. The fact that he is a young boy itself is not sufficient to release him on bail, in light of the material collected by the investigating agency against him.”

The applicant was arrested and FIR was lodged against him under the offenses of Section 376 of IPC and Sections 3, 4, 5(G), 5(J) II, 6, 8, and 12 of the Protection of Children from Sexual offenses Act, 2012. (POCSO).

After investigation, a charge-sheet was filed in the Court of District and Special Judge on 25th September 2019. 

Advocate Subhash Karmarkar and Adv Samarth Karmarkar submitted on behalf of the applicant and placed heavy reliance on the DNA report of the child born out of the alleged act of sexual assault which does not trace the applicant as the father of the baby girl, they argued that the DNA report sufficiently absolves the applicant of the… Continue Reading...


Tagged: Bombay High Court  
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