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2024 Supreme(Cal) 1259

AJAY KUMAR GUPTA
Rabi Das @ Rabindra Nath Das – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Amal Krishna Samanta, Adv.
For the Respondent: Mr. Bibaswan Bhattacharya, Adv.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The court emphasized that a DNA report indicating non-paternity does not automatically exonerate an accused from rape allegations, which require comprehensive evidence from both sides to establish guilt or innocence (!) .

  2. The accused sought discharge from the case based on a DNA report showing he is not the biological father of the victim's child, claiming the allegations are false and that the DNA report supports his innocence (!) (!) .

  3. The lower court rejected the discharge petition, stating that the DNA report alone is not conclusive proof of innocence regarding the rape allegations, which involve complex factual and legal considerations requiring evidence from both sides (!) (!) .

  4. The court noted that the allegations of rape involve multiple instances and are supported by statements recorded under legal procedures and medical examinations, establishing a prima facie case (!) (!) .

  5. The court clarified that DNA analysis is corroborative and not conclusive evidence in rape cases; substantive evidence from witnesses and other sources is necessary for conviction or acquittal (!) .

  6. The revisional application filed by the accused challenging the lower court's decision was dismissed, affirming that the rejection of discharge solely based on the DNA report was correct and lawful (!) .

  7. The case diary and related documents were considered, and the court upheld the view that the case involves serious allegations supported by evidence, justifying the continuation of proceedings (!) .

  8. The court directed the return of the case diary to the relevant authorities and dismissed the revision petition without costs, confirming the procedural correctness of the lower court's order (!) .

  9. The court highlighted that the allegations involve multiple occasions and threats, and the age of the victim at the time of the incident further substantiates the seriousness of the case (!) (!) .

  10. Overall, the court reaffirmed that scientific reports like DNA tests are supportive but not definitive in criminal proceedings involving sexual offences, and the entire body of evidence must be considered (!) .

If you need further analysis or legal advice based on this document, please let me know.


JUDGMENT :

Ajay Kumar Gupta, J:

1. Rabi Das @ Rabindra Nath Das being an accused filed an application for discharge from the Criminal Case being S.C. 10(2) of 2016 arising out of Moyna Police Station Case No. 182 of 2015 dated 04.08.2015 under Sections 376(2)(i)/506 of the Indian Penal Code and Section 4 of Protection of Children from Sexual Offences Act relating to M.P. Case No. 859/2015 giving rise to G.R. Case No. 2006/2015 pending before the Learned Additional Sessions Judge, 2nd Court, Tamluk, Purba Medinipur on the ground that the DNA Report, collected from CFSL, has established that the present accused/petitioner is not the biological father of the child born to the victim. The allegation of rape is out and out false and he has been falsely entangled into this case.

2. The learned Additional Sessions Judge, after hearing the parties and considering the DNA Report as well as other surrounding circumstances of the allegation, came to a conclusion that he may not be a biological father of the child does not necessarily mean that he has not committed rape as alleged because to arrive at such decision, a mixed question of law and fact is required, which cannot be decided without add

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