Dalit girl case: HC orders fresh DNA test to check parentage

Suspecting foul play, the Madras High Court today ordered a fresh DNA test to determine the parentage in a case related to a 13-year-old Dalit girl giving birth to a baby girl after allegedly being sexually abused by a man on the promise of marriage.
Justice P.N.Prakash gave the direction while dismissing a revision petition by Santosh alias Sathyan, charged with rape and cheating, challenging rejection of his plea for fresh investigation by the trial court.
He had cited the report of DNA test done in July, 2012, which said he was not the father of the child.
The Judge noted that the victim had given cogent evidence about the promiscuous relationship the petitioner had with her on account of which she conceived and delivered a girl baby on March 31, 2010.

Also, from the DNA test report, it was seen that the blood sample of two babies have been sent for DNA profiling.
Thus, some foul play had occurred in this case and it required rectification in the interest of justice, he held.

"Extra-ordinary cases require extraordinary remedies and this court cannot be a mute spectator when criminal justice system is thwarted," the Judge said and directed a fresh DNA test and ordered that the result should be sent directly to the Mahila Court here within 30 days.
He directed the accused to co-operate for the DNA test, failing which his bail would be cancelled by the trial court.

According to the prosecution, Santhosh had enticed the minor girl and had physical relationship with her on the promise of marrying her and made her pregnant.
Charges were framed against him for offences under IPC Sections 417 (punishment for cheating) and 376 (rape).
During the course of investigation, DNA profiling was done at Tamil Nadu Forensic Science Department lab by obtaining samples from the accused and the new born.
Though the result was negative, the trial was continued based on the other evidences, following which Santosh filed a petition before the Mahila Court for further investigation.