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While dealing with the DNA report, the High Court said the test was important because it established that the two parties had sexual intercourse.
The case involved a man who was known to the woman’s family. She alleged that he had a physical relationship with her from 2017 onwards by threatening her.
The Delhi High Court said that a DNA test can only establish that sexual intercourse took place, but it cannot by itself show whether the act was consensual or forced, according to a report by Bar and Bench.
Justice Madhu Jain made the observation while dismissing an appeal by a woman who had challenged the acquittal of a man she accused of repeatedly raping her over several years. The court upheld the trial court’s decision, finding that the DNA evidence in the case was not enough on its own to prove that the sexual relationship was non-consensual.
The case involved a man who was known to the woman’s family. She alleged that he had a physical relationship with her from 2017 onwards by threatening her, offering inducements and, on one occasion, giving her an intoxicating substance. She gave birth to a child in 2019, and a DNA test later established that the accused was the child’s biological father.
However, the woman approached the police only in March 2021, nearly four years after the first alleged incident. An FIR was subsequently registered against the man.
The trial court acquitted him after finding inconsistencies in the woman’s account. It also considered the delay in reporting the allegations, which the court said had not been adequately explained. The accused, meanwhile, maintained that the relationship had been consensual and that the woman’s husband was aware of it.
What Did The High Court Say About DNA Evidence?
While dealing with the DNA report, the High Court said the test was important because it established that the two parties had sexual intercourse. But the report could not explain the circumstances in which that intercourse happened.
“The said evidence is undoubtedly significant as it establishes the fact of sexual intercourse between the parties. However, the DNA report by itself does not establish the circumstances in which such intercourse took place, nor does it determine whether the relationship was consensual or non-consensual,” the court observed.
The court therefore held that the fact that the accused was the biological father of the woman’s child did not, by itself, prove that the sexual relationship had been forced.
Court Also Examines Section 114A
The woman had relied on Section 114A of the Indian Evidence Act, under which a presumption regarding the absence of consent can arise in specified rape cases once the prosecutrix states that she did not consent.
Justice Jain, however, said this provision does not mean that the woman’s evidence is automatically accepted without judicial examination. Her testimony can still be assessed by the court along with the other evidence and circumstances of the case.
The High Court also pointed to discrepancies in the woman’s account. It noted that her allegations that the accused had shared nude photographs and videos were not supported by evidence.
After considering the evidence, the Bench found no reason to interfere with the trial court’s acquittal and dismissed the woman’s appeal.
Advocates Jitendra Kumar Tiwari and Abhishek Chaudhary appeared for the appellant, while Additional Public Prosecutor Ajay Vikram Singh represented the Delhi government.
Quick Answers
Ask News18The Delhi High Court ruled that a DNA test can establish sexual intercourse occurred, but it cannot determine if the act was consensual or forced. The court emphasized that DNA evidence alone is insufficient to prove a sexual relationship was non-consensual.
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Anushka Vats is a Sub-Editor at News18.com with a passion for storytelling and a curiosity that extends beyond the newsroom. She covers both national and international news. For more stories, you can …Read More
September 05, 2026, 7:12 PM IST
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