Case Note & Summary
The petitioner, Sri Swamy B., an accused in Crime No.70/2021 registered at T.N.Pura Police Station, filed a petition under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the charge sheet dated 31.03.2022 and further proceedings in Special C.C.No.188/2022 pending before the Additional District and Sessions Judge (FTSC-1), Mysuru District. The case arose from a complaint by the father of a 12-year-old victim alleging that the petitioner, a relative, had sexually assaulted the victim on the night of 05.01.2021, resulting in pregnancy. The victim developed nausea on 17.02.2021, leading to medical examination and discovery of pregnancy. The foetus was removed and sent for DNA analysis along with the petitioner's blood sample. The DNA report from the Forensic Science Laboratory conclusively excluded the petitioner as the biological father of the foetus. The petitioner argued that the DNA report destroyed the substratum of the prosecution case, making further proceedings an abuse of process. The State opposed, but the court found that the DNA evidence was conclusive and that no prima facie case existed against the petitioner. The court quashed the charge sheet and all proceedings, holding that continuation would be an abuse of process of law.
Headnote
A) Criminal Procedure Code, 1973 - Section 482 - Quashing of Proceedings - Abuse of Process of Law - Where DNA report conclusively excludes the accused as the biological father of the foetus, the substratum of the prosecution case vanishes, and continuation of proceedings would be an abuse of process of law warranting quashment (Paras 4-6).
B) Protection of Children from Sexual Offences Act, 2012 - Sections 5(j)(ii), 5(l), 6 - Aggravated Penetrative Sexual Assault - DNA Evidence - The allegation of sexual assault resulting in pregnancy is directly contradicted by DNA analysis showing the accused is not the biological father; hence, no prima facie case exists (Paras 4-6).
C) Indian Penal Code, 1860 - Section 376(2)(i)(n) - Rape - DNA Exclusion - When the sole basis of the charge is pregnancy and DNA excludes the accused, the charge of rape cannot be sustained (Paras 4-6).
Issue of Consideration
Whether the charge sheet and further proceedings in Special C.C.No.188/2022 for offences under IPC and POCSO Act should be quashed when the DNA report excludes the petitioner as the biological father of the foetus.
Final Decision
The petition is allowed. The charge sheet dated 31.03.2022 in Crime No.70/2021 and all further proceedings in Special C.C.No.188/2022 pending before the Additional District and Sessions Judge (FTSC-1), Mysuru, are quashed.
Law Points
- DNA evidence conclusive to exclude accused
- quashing of criminal proceedings under Section 482 Cr.P.C.
- abuse of process of law
- POCSO Act 2012 Sections 5(j)(ii)
- 5(l)
- 6
- IPC Section 376(2)(i)(n)
Case Details
2022 LawText (KAR) (09) 67
Criminal Petition No. 6789 of 2022
Sri. Manjunath V. for petitioner; Sri K.S. Abhijith, HCGP for respondent No.1
State by T.N.Pura Police Station, Mysuru District; Smt. Deepika
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Nature of Litigation
Criminal petition under Section 482 Cr.P.C. seeking quashing of charge sheet and proceedings in a case of alleged rape and aggravated penetrative sexual assault under IPC and POCSO Act.
Remedy Sought
Petitioner (accused) sought quashing of charge sheet dated 31.03.2022 and further proceedings in Special C.C.No.188/2022 pending before the Additional District and Sessions Judge (FTSC-1), Mysuru.
Filing Reason
The petitioner was accused of sexually assaulting a 12-year-old girl resulting in pregnancy, but the DNA report excluded him as the biological father of the foetus.
Previous Decisions
Charge sheet was filed on 31.03.2022 in Crime No.70/2021; the case was pending trial before the Special Court.
Issues
Whether the charge sheet and proceedings should be quashed when the DNA report excludes the accused as the biological father of the foetus.
Whether continuation of proceedings would be an abuse of process of law under Section 482 Cr.P.C.
Submissions/Arguments
Petitioner argued that the DNA report from the Forensic Science Laboratory conclusively excluded him as the biological father of the foetus, destroying the substratum of the prosecution case.
State opposed the petition, but the court found no merit in the opposition given the conclusive DNA evidence.
Ratio Decidendi
Where the DNA report conclusively excludes the accused as the biological father of the foetus, the substratum of the prosecution case vanishes, and continuation of proceedings would be an abuse of process of law warranting quashment under Section 482 Cr.P.C.
Judgment Excerpts
The report of the Forensic Science Laboratory is now available. The report indicates that the DNA of the foetus does not match with the DNA of the petitioner. Therefore, the petitioner is not the biological father of the foetus.
If the petitioner is not the biological father of the foetus, the substratum of the prosecution case is completely destroyed.
In the light of the DNA report, if further proceedings are permitted to continue, it would become an abuse of the process of law.
Procedural History
Crime No.70/2021 was registered on 19.02.2021 at T.N.Pura Police Station for offences under IPC and POCSO Act. Charge sheet was filed on 31.03.2022 in Special C.C.No.188/2022 before the Additional District and Sessions Judge (FTSC-1), Mysuru. The petitioner filed Criminal Petition No.6789/2022 under Section 482 Cr.P.C. seeking quashing. The High Court allowed the petition on 15.09.2022.
Acts & Sections
- Code of Criminal Procedure, 1973: 482
- Indian Penal Code, 1860: 376(2)(i)(n), 506
- Protection of Children from Sexual Offences Act, 2012: 5(j)(ii), 5(l), 6
