DNA report proves paternity, can't establish absence of consent in rape

THE Delhi High Court has ruled that a DNA report merely establishes paternity and cannot, by itself, prove the absence of consent in a rape case.

- SHEKHAR SINGH @ New Delhi

The judgment came as the court discharged a man convicted of rape, observing that proof of sexual relations, even if resulting in pregnancy, does not automatically constitute rape unless it is demonstrated that the act was non-consensual.

Justice Amit Mahajan while discharging the accused said that the DNA report merely proves paternity; it does not and cannot, by itself, establish the absence of consent. It is trite law that the offence under Section 376 of the IPC hinges on the absence of consent.

"Mere proof of sexual relations, even if resulting in pregnancy, is insufficient to prove rape unless it is also shown that the act was non-consensual," said the Court.