Justice Jain returned the finding while dismissing an appeal filed by a woman challenging the acquittal of a man she had accused of repeatedly raping her over several years.
The Court held that DNA evidence establishing him as the biological father of her child did not, by itself, prove the sexual relationship was non-consensual.
It was alleged that the accused, known to the woman’s family, established a physical relationship with her from 2017 through threats, inducements and, on one occasion, by administering an intoxicant. She gave birth to a child in 2019, and a DNA test confirmed the accused was the father. An FIR was registered in March 2021, nearly four years after the first alleged incident.
The trial court acquitted the accused, citing inconsistencies in the complainant’s testimony, an unexplained delay in reporting the offence, and his defence that the relationship was consensual and known to her husband.