DNA Evidence Bridges Gap in Hostile Witness Case: Madras High Court Upholds POCSO Conviction

In a significant verdict, the Madurai Bench of the Madras High Court has reaffirmed the power of forensic science in the judicial process, upholding the conviction of a 40-year-old man for the sexual assault of a minor. The bench, comprising Justice N. Anand Venkatesh and Justice K.K. Ramakrishnan, ruled that a positive DNA report connecting the accused to the victim’s child stands as clinching evidence , even when the victim and her parents turn hostile during trial.

The Path to Justice: Case Background The case dates back to early 2020 , when a 13-year-old girl was subjected to repeated penetrative sexual assault . Following the discovery of the victim’s pregnancy, her mother lodged a formal complaint. The investigation led to the arrest of the accused, Murugan. During the legal proceedings, however, the victim and her family members turned hostile, presenting a challenge for the prosecution. The trial court initially relied heavily on the DNA report, sentencing the accused to life imprisonment .

Contentions in the Appeals Court The appellant challenged the life sentence, arguing that the lack of support from the victim and her parents rendered the prosecution’s case fragile. His counsel further attacked the DNA evidence, claiming gaps in the chain of custody and procedural irregularities regarding the furnishing of documents under Section 207 of the Cr.P.C.

Conversely, the State emphasized that the investigating officer followed established procedures and that the accused had sufficient opportunity to cross-examine expert witnesses —an opportunity he had already utilized.

Forensic Science and Legal Corroboration The High Court’s ruling hinges on the distinction between testimonial evidence and objective biological evidence . While the victim’s testimony faltered, the Court noted that her statement under Section 164 of the Cr.P.C. was intact and voluntary.

The bench explicitly distinguished this case from Karandeep Sharma v. State of Uttarakhand , where the DNA evidence was discarded due to tainted collection procedures. Here, the court found the blood samples were handled with care after birth and the trial court correctly admitted the DNA results, which were well-explained by the Deputy Director of the Forensic Science Laboratory (PW13).

Key Observations

* "The trial court was perfectly right in relying upon the DNA report to come to the conclusion that the child was born to the appellant and the victim girl and that clearly laid the foundational fact to substantiate the charge of penetrative sexual assault against the victim girl."

* "The statement recorded under Section 164 of Cr.P.C. can be used both for contradiction as well as corroboration."

* "The need for conducting the DNA test arose only after the final report was filed. It is too late in the day for the appellant to raise any doubts regarding the collection of blood samples since it was not even questioned by the appellant at any point of time."

Final Decision: A Balanced Sentencing While upholding the conviction under Section 5(j)(ii) of the POCSO Act , the Division Bench took a nuanced approach to sentencing. Noting the hostile nature of the witnesses and the overall circumstances of the trial, the Court modified the life sentence to rigorous imprisonment for a term of 20 years. Additionally, the conviction under Section 506 of the IPC was set aside due to a lack of supporting evidence following the victim's hostile testimony.

This judgment serves as a vital reminder that in cases of sexual violence against minors, forensic evidence can act as an impartial anchor, ensuring that justice prevails even when human testimony recedes under pressure.