DNA Test On Rape Survivor's Child After Adoption Not In Its Interest: High Court

The Bombay High Court has said conducting a DNA test on the child of a rape survivor after adoption would not be in the child's best interest.

A single bench of Justice GA Sanap on November 10 granted bail to a man accused of raping a 17-year-old girl and impregnating her.

The girl gave birth to the baby and put the child up for adoption.

The bench earlier sought to know from police if they had conducted a DNA test of the baby born to the survivor.

The police, however, informed the court that the survivor had put the child up for adoption after giving birth.

The child has already been adopted and the institution concerned was not disclosing the identity of the adoptive parents, they said.

The high court noted this was reasonable.

"It is pertinent to note that in the factual situation since the child is given in adoption, the DNA test of the said child may not be in the interest of the child and future of the child," the high court said.

The accused in his bail plea claimed that though the survivor was 17 years old, their relationship was consensual and she had an understanding of the same.

The police case was that the accused had forcibly established physical relations with the survivor and impregnated her.

The accused was arrested in 2020 by the suburban Oshiwara police on charges of rape and sexual assault under the India Penal Code and Protection of Children from Sexual Offences (POCSO) Act.

The high court in its order said it cannot accept at this stage the argument made by the accused that the survivor had consented to the relation, but since the accused has been languishing in jail since his arrest in 2020, bail ought to be granted.

Although a chargesheet was filed, charges are yet to be framed by the special court, the high court noted.

"The possibility of completion of the trial in the near future is very bleak. The accused has been in jail for 2 years and 10 months. In my view, therefore, further incarceration of the accused in jail is not warranted," the judge said. 

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