The Supreme Court has ordered for the DNA test of an 84-year-old man to ascertain paternity of a child born after the octogenarian allegedly raped a minor girl.
The man is in jail for allegedly raping the 14-year-old girl, who gave birth to the child on July 5.
Booked under the POCSO Act, the accused has maintained that his advance age is itself a proof in medical science that he is incapable of sexual intercourse. He called himself impotent and sterile.
But the report, submitted by the police officials in the top court, has held there is nothing to establish the accused is incapable of sexual activities.
Senior lawyer Kapil Sibal represented the accused before a bench, led by Justice Ashok Bhushan, in the bail petition.
He contended that the man is 84, and is medically and biologically incapable of sexual activities, especially in the wake of several ailments that he has.
Sibal said his client was willing to undergo any medical test, including the DNA test and the paternity test, to prove his innocence.
Advocate Liz Mathew, appearing for the West Bengal government, referred to the status report submitted by the Matigara police station.
The report stated that the accused is capable of sexual intercourse and that his DNA has been taken for profiling and cross matching with the baby.
Sibal stressed that the test should be done as soon as possible since his client was in jail since May 12, and that his health has been deteriorating. He added that his client has been clearly framed since his advanced age was itself a proof of the sham charges.
Mathew, on her part, submitted that the court should wait for DNA and paternity tests. The bench then directed for the tests to be conducted on the accused, and adjourned the matter for three weeks.
"We have noted from the status report that sample for DNA test of the petitioner has already been taken. Let DNA test be conducted to determine the paternity of the child. List the matter after three weeks during which period the DNA report be brought on record.”
The Calcutta High Court had on June 5 dismissed the bail plea, considering the gravity of the crime. The accused has claimed that the 14-year-old girl and her family are tenants, and had disputes over payment of rent because of which the false charges were slapped against him.