Delhi High Court: DNA Mismatch Not Fatal If Circumstances Explain Absence Of Evidence In Rape Cases

The Delhi High Court has held that the absence of DNA matching does not by itself weaken a rape prosecution if the surrounding circumstances reasonably explain it.

Dismissing an appeal against conviction for repeated rape of a minor, the Court noted that the prosecutrix had stated the accused used a condom, and there was a significant delay between the incident and medical examination.

These factors explained why the DNA report was inconclusive.

Upholding the conviction, the Court stressed that consistent and credible testimony of the minor victim cannot be discredited solely due to DNA mismatch.

[Ram Kuber v. State]