Case Note & Summary
The appellant, Salim Ahmed Ansari, was convicted by the Special Judge under the POCSO Act, Nagpur, for the rape of his own minor daughter. The prosecution case was that the victim, aged about 15 years, became pregnant and upon medical examination, it was revealed that she was five months pregnant. The victim disclosed to her mother that her father (the appellant) had forcibly committed sexual intercourse with her at the house of Nilima Meshram in March 2014 and on several subsequent occasions. Based on the mother's complaint, an FIR was registered on 28.08.2014. During trial, the victim (PW1), her mother (PW3), and other key witnesses turned hostile and did not support the prosecution case. However, the prosecution relied on scientific evidence, particularly the DNA report which conclusively established that the appellant was the biological father of the child born to the victim. The trial court convicted the appellant under Section 376(2)(f)(i)(n) IPC and Section 5(j)(l)(n) punishable under Section 6 of the POCSO Act, sentencing him to 10 years rigorous imprisonment and a fine of Rs.10,000. The appellant appealed against the conviction. The High Court examined the evidence and held that despite the witnesses turning hostile, the DNA evidence was sufficient to prove the appellant's guilt beyond reasonable doubt. The court noted that the DNA report was not challenged by the appellant and was scientifically reliable. The court also considered the circumstances, such as the victim's pregnancy and the appellant's access to her. The High Court dismissed the appeal, upholding the conviction and sentence.
Headnote
A) Criminal Law - Rape - Incest - DNA Evidence - Conviction based on scientific evidence despite hostile witnesses - The appellant was convicted for raping his minor daughter resulting in pregnancy - All material witnesses including the victim and her mother turned hostile - The trial court relied on DNA report establishing the appellant as the biological father of the child born to the victim - Held that DNA evidence is conclusive and sufficient to sustain conviction even when direct witnesses are hostile (Paras 1-20). B) Evidence Law - DNA Profiling - Admissibility and Evidentiary Value - DNA report is scientific evidence of high probative value - In cases of rape resulting in pregnancy, DNA test of the child and the accused can conclusively establish paternity - The court held that DNA evidence alone can form the basis of conviction when it is reliable and corroborated by other circumstances (Paras 15-20). C) Protection of Children from Sexual Offences Act, 2012 - Section 5(j)(l)(n) and Section 6 - Aggravated Penetrative Sexual Assault - The appellant committed penetrative sexual assault on his own daughter, a child below 18 years - The offence falls under aggravated penetrative sexual assault as defined under Section 5 of POCSO Act - Held that the trial court correctly applied the provisions of POCSO Act (Paras 1-10).
Issue of Consideration
Whether the trial Court was justified in convicting and sentencing the appellant for rape of his own daughter under Section 376(2)(f)(i)(n) IPC and Section 5(j)(l)(n) punishable under Section 6 of POCSO Act, when material witnesses had turned hostile and conviction was based solely on scientific evidence in the form of DNA report.
Final Decision
The High Court dismissed the appeal and upheld the conviction and sentence imposed by the trial court.
Law Points
- DNA evidence can be sole basis for conviction in rape cases when witnesses turn hostile
- Section 376 IPC
- Section 6 POCSO Act
- Paternity established by DNA test
- Incestuous rape
- Child witness testimony
- Hostile witness
- Circumstantial evidence
