POSCO Court: ‘DNA test cannot be conclusive evidence in sexual assault case’, Poxo court’s important comment in sexual assault case with minor

Minor Assault Sexual Case: In the case of rape of a minor, the Special Poxo Court has made important remarks while sentencing two people. The court said that DNA test cannot be conclusive evidence in rape, it can only be used as evidence for confirmation. The court said that the test does not confirm that both are the biological father of the victim’s child, but it cannot be assumed that they did not sexually assault the minor.

According to The Times of India report, the court noted that the victim has stood by her statement from the beginning and her testimony confirms that she was subjected to sexual assault. 

Court’s comment
Justice Seema C Jadhav was hearing the matter. Based on the testimony of a 16-year-old minor, the court convicted two people for sexually assaulting her and sentenced them to 20 years. The victim had accused the husband of her mother’s friend and the person working at the shop of sexual harassment. Doctors told that mentally the victim is 11 years old. The court said that the accused are mature and such heinous crime has affected the victim physically and emotionally. The court said that such acts stigmatize the victim for life.

The court imposed a fine of Rs 25-25 thousand on both and said that this amount will be given as compensation to the victim. In its remarks, the Court said, "Such incidents leave a lot of impact on the victim and no amount of compensation is sufficient nor can give relief to the victim, but monetary compensation will at least give him some solace." In this case, 11 people including the minor, her aunt, doctors and the police testified in the court. The victim’s mental assessment  was done, in which doctors told that her IQ is as much as that of a child of 11 years and 5 months.

What is the whole matter?
According to the report, when the minor was 11 years old, his mother had died. After this, she started learning the work of a beautician by staying with her mother’s friend. In the year 2021, when she went to her aunt, seeing her stomach, she questioned her, then she avoided saying that due to overeating, her stomach had come out. However, the aunt did not believe, so she got a pregnancy test done and the report came positive. After this, the victim revealed that a person working at the shop used to sexually assault her. After this, she was sent to a children’s home, then she also told about the other accused and her mother’s friend’s husband, that he used to rape her repeatedly.

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