DNA proof of paternity does not, by itself, establish rape: Delhi HC
India, Sept. 6 -- The Delhi High Court has observed that while DNA evidence may conclusively establish paternity and the fact of sexual intercourse, it cannot by itself determine whether the relationship was consensual or nonconsensual. Justice Madhu Jain made the observation while dismissing an appeal filed by a prosecutrix against the acquittal of a man accused of repeatedly raping her, administering an intoxicant, committing unnatural sexual acts and extending threats.
"The gravity of the accusation cannot substitute the standard of proof required in a criminal trial," the Court said, adding that where the evidence permits a reasonable view consistent with innocence, the benefit must go to the accused.
The Court upheld the October 20...
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