Allahabad High Court Upholds Stringent Guidelines on DNA Tests in Rape Cases
The Allahabad High Court has emphasized that DNA tests on rape survivors and their children should only be conducted under compelling circumstances due to their serious social consequences. The court upheld a trial court's decision denying a DNA test in a rape case, highlighting legal precedents and the necessity for careful judicial consideration.
- Country:
- India
The Allahabad High Court has emphasized the non-routine usage of DNA tests in rape cases, describing such acts as bearing "serious social consequences." The court dismissed a bid by Ram Chandra Ram against a trial court's refusal to permit DNA testing of the prosecutrix and her child.
Justice Rajeev Misra noted that the paternity of a child is irrelevant in a section 376 IPC (rape) offence unless there are irrefutable reasons necessitating such a test. This commentary surfaced during proceedings against the applicant facing charges under sections 376, 452, 342, 506, and sections 5/6 of the POCSO Act.
Citing Supreme Court directives, the High Court reiterated that trial courts should cautiously evaluate DNA test pleas. With no compelling reasons presented, the August 22 judgment favored the trial court's initial ruling, applying consistent judicial prudence.
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