Conclusive DNA Profiling Overrides Investigation Lapses in Rape Cases: Calcutta HC

A conclusive DNA report establishing paternity provides the highest form of objective corroboration in rape trials resulting in pregnancy, completely overriding minor procedural lapses or investigative deficiencies. The Calcutta High Court affirmed that a differently-abled victim's credible testimony, backed by unimpeachable forensic science, provides an unshakable basis to uphold a conviction.

A Division Bench comprising Justice Rajarshi Bharadwaj and Justice Reetobroto Kumar Mitra dismissed an appeal challenging a ten-year rigorous imprisonment sentence for a temple priest accused of sexually assaulting a 21-year-old deaf and non-verbal woman.

Court's Analysis on Forensic Corroboration and Witness Testimony

The High Court underscored that scientific evidence like DNA profiling operates independently of human perception, memory, or communication barriers. Evaluating the statutory principles under Section 119 of the Evidence Act, the Court reiterated that communication through intelligible gestures is fully admissible and reliable.

The Court, in its reasoning, observed: "...where scientific evidence in the form of a duly proved DNA report conclusively establishes the biological fatherhood of the accused in a prosecution arising out of rape resulting in pregnancy, such evidence constitutes the highest and most reliable form of corroboration, directly connecting the accused with the commission of the offence. When such scientific proof is read conjointly with the credible and trustworthy testimony of a vulnerable witness, supported by consistent medical and circumstantial evidence, minor procedural irregularities in investigation, defects in the Test Identification Parade, absence of videography or other ancillary omissions do not create reasonable doubt sufficient to dislodge the prosecution case."

The Court noted that the Special Educators engaged to interpret the victim's gestures possessed adequate practical experience, and the lack of formal academic certificates in sign language did not invalidate their interpretation.

Background

The case arose from Billiground P.S. Case No. 24/2021, lodged after the 21-year-old deaf and non-verbal victim was found to be 28 weeks pregnant during a medical examination in July 2021. The victim disclosed through gestures that the local temple priest had repeatedly enticed and sexually assaulted her inside the temple during January and February 2021, threatening her with violence. Statements were recorded under Section 161 and Section 164 of the Code of Criminal Procedure with the help of Special Educators, and a charge-sheet was filed under Section 376(2)(l) of the Indian Penal Code.

The Trial Court convicted the appellant, sentencing him to ten years of rigorous imprisonment along with a fine of Rs. 1,00,000 under Section 357 of the Code of Criminal Procedure. On appeal, the appellant argued that the interpreters lacked formal qualifications, the Test Identification Parade was defective, the magistrate failed to assess the victim's IQ, and videography was absent. Relying on Santosh Kumar Singh v. State through CBI ( "(2010) 9 SCC 747": 2010 CaseBase(SC) 1302) to emphasize the weight of DNA evidence and M.P. Sharma & Ors. v. Satish Chandra, District Magistrate, Delhi & Ors. ( "AIR 1954 SC 300": 1954 CaseBase(SC) 75) regarding the competency of non-verbal witnesses, the High Court held that the CFSL DNA report (Exhibit-20) conclusively proved the appellant was the biological father, thereby dismissing the appeal and affirming the conviction.

Case Details:
Case No.: C.R.A. (DB) 2 of 2025
Case Title: Shri Gobinda Chakraborty v. The State
Appearances:
For the Petitioner(s): Ms. Nazneen
For the Respondent(s): Mr. Sumit Karmakar (for State), Mr. D. Ilango (for Victim Girl)

Source: 2026 CaseBase(CAL) 2310