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Tuesday, November 29, 2022

DNA test gives clean chit to rape accused who spent 26 months in jail

This young man was falsely booked for rape and spent 26 months in jail before the DNA test on the survivor’s child proved that he was not the biological father.

Amit Kumar, 24, was accused of raping and impregnating a minor girl at his Dattawali village in Aligarh.

Amit, who was working in Faridabad, had come to his village to attend the marriage of his elder brother in July 2018.

Seven months later, he was summoned by the police in February 2019 and accused of raping the girl. His mother and sister-in-law had already been detained.

Amit rushed back and was arrested.

Amit’s father, Sajjan Singh, told reporters that he had a dispute with the survivor’s father over a piece of land and the case was set up to settle scores.

Amit was charged with rape and under sections of the POCSO Act while his elder brother, Chandra Shekhar, was charged with voluntarily causing hurt. With his younger brother Sunil and a distant relative Teekshan Pal, he was also booked for criminal intimidation and house trespass at the Barla police station.

Chandrashekhar got bail, and Sunil and Teekshan’s names were later removed from the charge sheet because there was not enough evidence against them.

Amit was lodged in the Aligarh district jail.

Amit’s lawyer Hariom Varshney said they pleaded before the court for a DNA test of the survivor’s child to ascertain whether Amit was guilty of having raped her which led to pregnancy.

The survivor came with the child at the hospital in the fifth attempt and the samples of Amit and the child were taken in March last year.

The report came last month which stated that Amit was not the biological father of the child.

“It is apparent that the FIR was lodged after considerable delay, that too, when pregnancy was detected. The victim alleged that the same was a result of rape committed by Amit but DNA report submitted in sealed envelope and opened before this Court reveals that applicant is not the biological father. The bail has finally been granted by the Allahabad High Court,” Varshney said.

Aligarh SSP Kalanidhi Naithani, meanwhile, said the police would seek legal opinion from the joint director of prosecution after going over the case diary.

Amit’s counsel said that his next step will be to apply for his client’s discharge from all charges under which he was booked.

(The story has been published via a syndicated feed.)

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