DNA test gives clean chit to rape accused who spent 26 months in jail


Aligarh (Uttar Pradesh), Apr 2 (IANS): This young man was falsely booked for rape and spent 26 months in jail before the DNA test on the survivor's child proved that he was not the biological father.

Amit Kumar, 24, was accused of raping and impregnating a minor girl at his Dattawali village in Aligarh.

Amit, who was working in Faridabad, had come to his village to attend the marriage of his elder brother in July 2018.

Seven months later, he was summoned by the police in February 2019 and accused of raping the girl. His mother and sister-in-law had already been detained.

Amit rushed back and was arrested.

Amit's father, Sajjan Singh, told reporters that he had a dispute with the survivor's father over a piece of land and the case was set up to settle scores.

Amit was charged with rape and under sections of the POCSO Act while his elder brother, Chandra Shekhar, was charged with voluntarily causing hurt. With his younger brother Sunil and a distant relative Teekshan Pal, he was also booked for criminal intimidation and house trespass at the Barla police station.

Chandrashekhar got bail, and Sunil and Teekshan's names were later removed from the charge sheet because there was not enough evidence against them.

Amit was lodged in the Aligarh district jail.

Amit's lawyer Hariom Varshney said they pleaded before the court for a DNA test of the survivor's child to ascertain whether Amit was guilty of having raped her which led to pregnancy.

The survivor came with the child at the hospital in the fifth attempt and the samples of Amit and the child were taken in March last year.

The report came last month which stated that Amit was not the biological father of the child.

"It is apparent that the FIR was lodged after considerable delay, that too, when pregnancy was detected. The victim alleged that the same was a result of rape committed by Amit but DNA report submitted in sealed envelope and opened before this Court reveals that applicant is not the biological father. The bail has finally been granted by the Allahabad High Court," Varshney said.

Aligarh SSP Kalanidhi Naithani, meanwhile, said the police would seek legal opinion from the joint director of prosecution after going over the case diary.

Amit's counsel said that his next step will be to apply for his client's discharge from all charges under which he was booked.

 

  

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Comment on this article

  • Ankit sachan, Kanpur

    Mon, Apr 05 2021

    Please tell me FIR NO. AND JUDGEMENT ORDER COPY in this case

    DisAgree Agree Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Fri, Apr 02 2021

    Law & Order has gone to the Dogs ...

    DisAgree [1] Agree Reply Report Abuse

  • Ahmed, Bangalaore

    Fri, Apr 02 2021

    There should be bought a new law for Dowry and Harassment charges as well rape charges that, police cannot arrest the culprit and put them behind bars unless the charges are proven (evidence available) by the compliant during booking, else we all know how the in-laws and family are treated in such false accusation cases. It not only leads to humiliation in the society and also will be difficult to get married once more with a suitable match.... Here in this case, the new law should state that, unless there is a proof of DNA test result (court directed DNA testing center), Police cannot arrest the accused based on just mere complaint of rape... If its proved in DNA, then let police arrest and break legs and do whatever later.

    DisAgree Agree [3] Reply Report Abuse


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