Wrongful Prosecution costs an innocent death in custody

Barathkumar K M | Sastra Deemed to be University Thanjavur | 28th June 2020

Kapil Kumar Beri Vs The State of Delhi

Facts:

In this case, a girl of 17 became three months pregnant and then she delivered a girl baby. She filed a suit against her father for having sexual intercourse with her. The trial court held that the appellant was liable and he was sentenced to imprisonment for 10 years with a fine of Rs.5000. This appeal has come for final adjudication before the High Court seventeen years after the case was filed. The appellant had demanded a DNA test during the investigation itself but the police would not listen to his words. He requested the trial court but no directions were made. The appellant has died in the jail and his wife was allowed to proceed the appeal. The present appeal has been filed by the appellant for challenging the trial court’s order. 

Issue:

• Whether the appellant was liable for rape?

Legal provision:

Sec. 376 of IPC

Appellant’s argument:

The appellant stated that the father had cried foul from day one. He demanded the DNA test but the trial court never listens to his words. The appellant doubted his neighbour Bhushan. But Bhushan was never brought in for a DNA test.

Respondent’s argument:

The respondent held that the police investigation clearly says that the appellant had sexual intercourse with his daughter. The Trial Court also already accused him.  

Observation:

It was observed that the girl gave birth to a child on 01.08.1996, thus by assuming she may become pregnant at the end of October 1995. The medical report says that her last menstruation period was on 28.11.1995. This would rule out any pregnancy before 28.11.1995. But she never spoke about the sexual intercourse with her father at that period. The evidence of her mother shows that on 01.12.1995 she was thrown into bushes and molested by Bhushan. Further, the evidence shows that she had no interest in education and the family would often receive complaints about her behaviour. 

Judgment:

The Hon’ble High Court held that after conducting the DNA test the biological sample of the appellant and the fetus carried by the girl would be meaningless. It was clear that the investigation was one-sided. Further, the court held that the appellant was innocent and he was acquitted from this rape.