New Delhi: Upholding the acquittal of a man accused of rape, Delhi High Court has clarified that while DNA evidence can conclusively establish paternity and the occurrence of sexual intercourse, it does not by itself determine whether the act was consensual or non-consensual.
The woman alleged that the accused, who was known to her family, had repeatedly forced physical relations on her against her wishes since 2017 by threats and inducements, including an occasion where she was administered an intoxicating substance before being sexually assaulted. She later gave birth to a child in June 2019, with DNA tests establishing the accused as the biological father.
“The gravity of the accusation cannot substitute the standard of proof required in a criminal trial,” the Court observed, agreeing with an Oct 2024 trial court judgment acquitting the accused.
Her husband had earlier lodged a complaint with police alleging he found her and the accused in a compromising position.
“The principle that the testimony of the prosecutrix can, in an appropriate case, form the sole basis of conviction does not dispense with the requirement that such testimony must inspire confidence,” it stressed. The court found inconsistencies in the woman’s claims. It noted that the trial court had assessed the evidence comprehensively rather than relying on any single factor. It identified material inconsistencies in the woman’s accounts concerning the alleged administration of an intoxicant, her state during the first alleged assault, circumstances of her pregnancy, and her husband’s doubts regarding the child’s paternity.