What role does DNA evidence play in establishing facts in cases under the POCSO Act?

Court Order

In a pivotal ruling delivered by the Kerala High Court on September 25, 2024, the court addressed essential issues regarding the role of DNA evidence in criminal investigations under the Protection of Children from Sexual Offences Act (POCSO Act). The case emphasized the significance of DNA profiling in establishing facts related to allegations of sexual offenses against minors.

Case Overview

The case emerged from Crime No. 686/2023, registered at the Chalakkudy Police Station in Thrissur, involving serious allegations against a minor. The accused, identified as the brother of the 14-year-old female victim, was implicated after the victim's mother reported the matter to the police, following medical personnel’s disclosure that the victim was pregnant.

Legal Background

The prosecution relied on Sections 376 and 376(3) of the Indian Penal Code, concerning the punishment for rape, along with Section 6(1) and Section 5(j)(ii) of the POCSO Act, which outline offenses against children. These legal provisions underscore the gravity of the allegations and the need for a comprehensive investigation.

Key Developments in the Case

1. DNA Profiling Controversy: The accused contested the seizure of his blood sample, claiming it was obtained without consent or court approval. The court examined the legal framework governing such seizures, referencing Sections 53 and 54 of the Code of Criminal Procedure, which permit DNA profiling as part of criminal investigations. The court clarified that consent is not required when law enforcement operates within the legal parameters.
2. Victim’s Rights and Coercion Claims The victim, represented by her mother as the de facto complainant, filed a separate petition to quash the blood sample seizure, alleging it was performed under coercion. The court acknowledged the sensitivity of the victim’s situation but reiterated the legal grounds for conducting such medical examinations under the same statutory provisions.
3. Judicial Findings: After assessing the circumstances, the court concluded that DNA profiling for both the accused and the victim was essential in establishing the facts of the case. The judge emphasized that the familial relationship between the accused and the victim does not exempt either party from the legal processes aimed at protecting children from sexual offenses.
4. Final Ruling: The court dismissed both petitions, Crl.M.C No. 8147 of 2023 and Crl.M.C No. 10579 of 2023, allowing the prosecution to continue with the DNA analysis. The interim measures imposed earlier were vacated to facilitate the ongoing investigation.

Conclusion

This ruling is significant as it highlights the delicate balance between individual rights and the necessity for thorough investigations in cases involving crimes against children. The court’s decision reinforces the legal framework governing criminal investigations and underscores the critical role of DNA evidence in sexual offense cases, enhancing the prospects of establishing facts in a sensitive context.