On Monday, the Calcutta High Court ordered a DNA paternity test in a rape case involving a child allegedly born out of the assault after the accused moved the Court asserting that he was not the father of the child. The case, Lob Das vs The State of West Bengal & Another, centres around a claim made by the accused that he had no physical access to the victim and that she was involved with another man.
Justice Shampa Dutt (Paul) allowed the accused’s plea for the paternity test, emphasizing that when the accused claims “non-access” to the victim, it is his right to seek proof through available evidence. The Court said, “When ”non-access” is claimed in such a relationship, it is the right of the accused to have it proved by way of evidence available/possible.”
The case dates back to 2008 when the victim’s father filed a complaint alleging that his daughter had become pregnant after entering into a physical relationship with the accused, who had promised to marry her. The accused had been staying at a relative’srelative’s house, the complainant, and following the complaint, he was charged with rape and cheating.
During the trial, the victim agreed to undergo a paternity test to determine if the accused was the father of the child. However, the accused contended that the victim herself admitted to being in a relationship with another man and subsequently requested a paternity test. On August 1, 2023, the trial court rejected his request, dismissing it as a strategy to delay the proceedings.
The accused then approached the High Court, which observed that while a positive paternity test would establish access to the victim, the evidence of the offence would still need to be proven through the facts of the case. The Court added that a negative paternity test could support the accused’s defence of non-access and potentially exonerate him.
The Court underscored the importance of upholding the accused’s right to request a paternity test, stating that denying this request would amount to an abuse of the legal process. “The petitioner’s plea must be allowed in the interest of justice, and it is a valuable right available to him,” the Court said. The Court also ruled that ₹1 lakh be deposited by the accused with the trial court, which would be paid to the victim and her child if the paternity test results confirm the accused’s paternity.
In addition, the Court directed that the DNA test be completed within 60 days from the date of the order and that the trial court proceed with the case accordingly.
Advocates Dipankar Aditya and Tina Biswas represented the accused, while Advocate Bibaswan Bhattacharya represented the State in the matter.
