The Madras High Court recently upheld the conviction of a man in a child sexual assault case, emphasizing the pivotal role of DNA evidence, even when the victim and her mother retracted their allegations during the trial. This decision was delivered in the case of Murugan vs State, with a Bench comprising Justices N Anand Venkatesh and KK Ramakrishnan presiding over the matter.
DNA Evidence as a Key Factor
In this particular case, the DNA report conclusively proved that the accused was the biological father of the child born to the minor victim. The court noted that the collection and testing of the DNA samples were conducted meticulously, with no indications of tampering or procedural discrepancies. The Bench stated, “The trial court was perfectly right in relying upon the DNA report to conclude that the child was born to the appellant and the victim girl, thereby substantiating the charge.”
Background of the Case
The appeal involved a conviction by the Fast Track Mahila Court at Theni on July 31, 2023. The accused, Murugan, was sentenced to life imprisonment under the Protection of Children from Sexual Offences Act, 2012 (POCSO), and for criminal intimidation under Section 506 of the Indian Penal Code. The prosecution alleged that Murugan, aged around 40, sexually assaulted the 13-year-old victim on January 18, 2020, and threatened her to ensure her silence.
The victim was found to be five weeks pregnant during a medical examination, and she later gave birth on October 24, 2020, after the chargesheet was filed. Murugan, challenging his conviction, argued that the trial court’s decision was solely based on DNA evidence, contending issues with the chain of custody for the blood samples and claiming non-receipt of relevant documents under Section 207 of the Code of Criminal Procedure.
High Court’s Rationale
The High Court dismissed these contentions, highlighting that the Child Welfare Committee had directed DNA testing after the child’s birth. The blood samples from the accused, the victim, and the child were collected at the Government Medical College Hospital, Theni, and forwarded to the Forensic Science Laboratory, Madurai, through the trial court without delay or tampering.
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Furthermore, the Bench clarified that the accused had access to the DNA-related documents, as evidenced by his cross-examination of the FSL Deputy Director. Although the documents were not available at the time of filing the final report, the accused later utilized them during the trial.
Modification of Conviction and Sentence
While affirming the conviction, the court modified the charges. It determined that the charge under Section 5(l) of the POCSO Act, related to repeated penetrative sexual assault, could not be upheld due to the lack of evidence of multiple assaults and the victim’s hostile stance. Instead, the court convicted Murugan under Section 5(j)(ii) of the POCSO Act for penetrative sexual assault resulting in pregnancy. Consequently, the sentence was reduced from life imprisonment to rigorous imprisonment for a minimum duration of 20 years.
The appellant was represented by Advocate Mayilvahana Rajendran, while State counsel D Venkatesh represented the prosecution.
