Kunta Devi @ Kanta Devi vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Kunta Devi @ Kanta Devi is in judicial custody in FIR No.138 of 2021, under Sections 120-B IPC and Section 16/17 of the Protection of Children from Sexual Offences Act, 2012, Police Station-Vikasnagar, District- Dehradun. She has sought her release on bail.

Heard learned counsel for the parties and perused the record.

This is the second bail application. The first bail application, being BA1 No.2856 of 2021, was rejected on 29.11.2022.

According to the case, the applicant would administer sedative medicines to her daughter, the victim, a young girl of 13 years of age, and, thereafter, the applicant would offer the victim to her second husband (“the step father”). The step father forcibly established physical relations with the victim for about six months under this design. When the pregnancy test of the victim turned positive, the FIR was lodged.

Learned counsel appearing for the applicant would submit that the foetus of the victim was sent for forensic examination, but the DNA report did not establish that the step father of the victim is the biological father of the foetus. Therefore, it is argued that it doubts the prosecution case.

Learned State Counsel admits this fact.

This Court had occasion to deal with the DNA reports and its admissibility and reliability in Criminal Reference No.1 of 2016, State of Uttarakhand Vs. Akhtar Ali and Others. In Para 72 of the judgment in the case of Akhtar Ali, the Court has concluded the law on this subject. It has, inter alia, been held that, “The result of a genuine DNA test is scientifically accurate; The DNA report deserves to be accepted unless absolutely dented and for non-acceptance of the same, it has to be established that there have been no quality control or quality assurance.”

At this stage, the scientific evidence, i.e. the DNA report, has not corroborated the prosecution case.

Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.

The bail application is allowed.

Let the applicant be released on bail, on her executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.