DNA test rape conviction Srinagar court came into focus after Additional Sessions Judge Farooq Ahmad Bhat convicted railway employee Imtiyaz Ahmad Rather for kidnapping, wrongful confinement, and raping a minor girl. The court held that reliable witness testimony and supporting evidence can justify a conviction even without DNA profiling.
The court found Imtiyaz Ahmad Rather guilty under the Ranbir Penal Code for kidnapping, wrongfully confining, and raping a minor. It ruled that the absence of DNA evidence cannot defeat an otherwise credible prosecution case. If the prosecutrix gives a trustworthy and consistent account supported by other evidence, the court can record a conviction.
Background of the Case
Additional Sessions Judge Farooq Ahmad Bhat delivered the judgment in State of Jammu & Kashmir through Police Station Railway Hamray v. Imtiyaz Ahmad Rather, arising from FIR No. 01/2012 registered at Police Station Railway Hamray.
According to the prosecution, the accused kidnapped the minor victim and kept her in wrongful confinement. He allegedly subjected her to repeated sexual assault. After completing the investigation, the police filed a charge sheet under the Ranbir Penal Code.
The trial concluded nearly 14 years after the FIR was registered.
Prosecution’s Case
The prosecution relied on the victim’s testimony, medical evidence, documentary records, and witness statements. It argued that the victim remained consistent throughout the trial and that the surrounding circumstances supported her version.
Defence Arguments
The defence questioned the prosecution’s case because no DNA profiling was conducted. It argued that without scientific evidence linking the accused to the offence, the prosecution failed to prove guilt beyond reasonable doubt.
Court’s Observations
The court rejected the defence’s argument. It clarified that DNA evidence is only one method of proof and is not mandatory in every rape case.
The judge observed that a conviction can rest on the credible testimony of the prosecutrix if it inspires confidence and receives support from other evidence. The court also noted that DNA profiling in this case could have established paternity but would not have resolved the primary issue before the court.
The court found the victim’s testimony cogent, consistent, and trustworthy. It held that the evidence on record sufficiently corroborated her statement and proved the prosecution’s case beyond reasonable doubt.
The DNA test rape conviction Srinagar court ruling reinforces the legal principle that courts can convict an accused without scientific evidence when reliable oral and documentary evidence establishes guilt.
Court’s Findings
The court concluded that the prosecution successfully proved that the accused kidnapped the minor victim, wrongfully confined her, and committed rape.
It also held that the defence failed to create any reasonable doubt about the prosecution’s evidence. Therefore, the prosecution established the accused’s guilt beyond reasonable doubt.
Final Order
The court convicted Imtiyaz Ahmad Rather under Sections 363 (Kidnapping), 342 (Wrongful Confinement), and 376 (Rape) of the Ranbir Penal Code.
The court took the accused into custody and fixed the matter for hearing on the quantum of sentence.
