New Delhi: A man accused of raping a 12-year-old girl and impregnating her has been acquitted by a Delhi court, which said the DNA test report proved that he was not the father of the child.
Additional Sessions Judge Rajneesh Kumar Gupta absolved West Delhi resident Umesh Dass, who was charged with the offences of rape (section 376) and criminal intimidation (section 506) under the IPC.
"As the evidence of the prosecutrix (girl) is contradictory and is not corroborated by the DNA result, case of prosecution becomes doubtful and this benefit goes to the accused,” the judge said.
"Accordingly, the prosecution has failed to prove its case beyond any reasonable doubt against Dass, hence he is acquitted of the charges," the judge added.
While relying on the DNA test report of Dass, the court said, "This result proved that Dass is not the biological father of the child of the girl. It completely falsifies her testimony that she became pregnant as a result of the rape by Dass and that he is the father of the child delivered by her."
According to the prosecution, on August 12, 2011, the girl alleged that Dass, who was residing in a rented room adjacent to her, had been raping her for past six to seven months and had threatened to kill her and her parents if she disclosed it to anyone.
She told the police that whenever her parents went out of the house, Dass would take her to his room and rape her.
One day when she felt sick, her parents took her to a doctor who found out that she was six months pregnant. The girl and her parents lodged a complaint against Dass and he was arrested the next day, it said. On October 25, 2011, she gave birth to a baby boy.
Dass had pleaded innocence and claimed that he was falsely implicated in the case.