The Supreme Court on Monday granted bail to an 84-year-old man, accused of rape, after noticing that the DNA report had established that he is not the father of the child born to the rape victim. A bench comprising Justices Sanjay Kishan Kaul and Ajay Rastogi noted that counsel for the octogenarian has a copy of the DNA report, and the report shows that he is not the father of the child. "In view of the aforesaid, we have no hesitation in saying that the appellant should be enlarged on bail on the terms and conditions to the satisfaction of the trial court", said the bench.
The top court also observed that the counsel for the appellant has submitted that it is out of a landlord-tenant dispute that a false case has been filed and that he should be given appropriate compensation.
"If that be the position, it is for the appellant to take necessary steps in this behalf in accordance with law claiming compensation in accordance with law," said the top court.
The man was booked under Protection of Children from Sexual Offences (POCSO) Act, for allegedly raping a minor, who delivered a baby on July 5. The Calcutta High Court denied bail to the accused hence he moved the top court seeking relief.
The accused contended in his plea that he is willing to get a DNA test done to establish that he is not responsible for the pregnancy of the daughter of the complainant. He contended before the top court that he has been a victim of a false case by the complainant who is his tenant and due to non-payment of rent there was a dispute between them.
Senior advocate Kapil Sibal, appearing for the accused, had contended before the top court that he is 84 years old and incapable of sexual activities. Sibal said the accused was also willing to undergo a DNA test. The bench then directed him to undergo a DNA test.