A Delhi court has dismissed the bail plea of a 55-year-old man accused of raping and impregnating a girl, despite the DNA profile of the newborn child not matching his.
Ram Kanojiya (55), a resident of North Delhi and the girl’s neighbour, had moved the bail application stating that the child’s DNA profile does not match his and he was being “falsely implicated” in the alleged rape of the 17-year-old girl.
Rejecting his contention, Additional Sessions Judge Arvind Kumar dismissed the plea due to the “specific nature of allegations” and “gravity of the offence”.
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Kanojiya argued that the child’s final DNA profile does not match his, which negates the case of prosecution.
To which the judge said, “(Though) the DNA profile does not match the accused’s, the victim had also stated that another person accompanying the accused had raped her as well. The other accused is still not arrested.”
Last year in August, the girl’s parents had filed a complaint of rape against Kanojiya after they found out their daughter was pregnant.
The family took her to a doctor after the girl complained of pain. The doctors said she was nine months pregnant and delivered a baby.
The accused had argued that it was impossible for the parents not to have noticed her pregnancy for nine months and that there are contradictions in the girl’s statement.
Rebutting the claim, counsel for Delhi Commission for Women Shubhra Mendiratta said, “There is enough evidence that she had regularly attended school during the nine months.
Neither her parents nor the school noticed her pregnancy. The accused has repeatedly committed rape upon her. She had also stated that another man was present when she was raped. Hence, the grounds that the DNA report does not match the accused’s is not made out in the present case. He is a threat to the minor if set free on bail. A strong message will go out to the society if his bail is rejected.”
The DCW counsel also told the court that a few days ago, an attempt was made to kidnap the victim and that police had registered a FIR in the matter.
The court said, “The victim had not disclosed the incident to her parents as her father was sick and she was threatened by the accused… In her second statement, she clearly stated that the accused and another person came to her house and committed rape on her.”