A man accused of raping a 16-year-old girl, who later became pregnant, has been acquitted by a Delhi court after the DNA of the fetus of the alleged victim and the accused failed to match.
Holding the accused "innocent" on the basis of the negative medical report, the court said the girl may be engaged with "somebody else".
"I find it difficult to ignore the DNA report which totally exculpates accused. The report throws in probability that the prosecutrix was having sexual intercourse with somebody else and it is that person who impregnated her and she, for reasons best known to her, concealed these facts.
"It is also evident from the testimony of the mother of the prosecutrix that she was aware of the pregnancy of the prosecutrix and probably about the identity of the real person responsible for the same and for some ulterior motive, she concealed the said fact from her husband even," Additional Sessions Judge Virender Bhat said.
The judge further said the DNA report clearly shows that the DNA isolated from the fetal tissue did not match in any manner with the DNA isolated from the blood sample of the accused.
"Therefore, as per DNA report, the man had not fathered the child carried by the girl in her womb. It is probable that somebody else was having sexual relations with her", he said.
The man, who was the girl's family's landlord, was apprehended by the police in January 2013 on the complaint lodged by her mother who had alleged that while her daughter was returning from her neighbour's house on November 3, 2011 the accused had kidnapped and raped her.
"The man then threatened her daughter that in case she narrates the incident to anybody, he would kill her as well as her family members," the girl's mother had told the police.
"After a certain period of time, the girl felt pain in her abdomen and her mother took her to the nearby doctor who told her that she is pregnant," the police had said, adding her pregnancy was aborted.
