Madras HC Upholds Conviction of Man in S*xual Assault Case After DNA Report Indicates Accused Fathered Child Born to Victim

The Madras High Court on Friday, June 5, upheld the conviction of a man in a child s*xual assault case, ruling that definitive DNA evidence is sufficient to establish guilt even when the minor victim and her parents turn hostile during the trial. A division bench comprising Justices N. Anand Venkatesh and K.K. Ramakrishnan affirmed that the scientific data laid a clear foundation to substantiate the criminal charges, confirming that the accused had fathered a child born to the victim.

Background of the Trial Court Verdict

The High Court was reviewing an appeal filed by the accused, identified as Murugan, challenging a July 31, 2023, judgment by the Fast Track Mahila Court in Theni. The trial court had previously convicted Murugan under the Protection of Children from S*xual Offences (POCSO) Act, 2012, alongside criminal intimidation under Section 506 of the Indian Penal Code, sentencing him to life imprisonment. Direct Evidence of S*xual Intercourse Not Needed To Prove Adultery, Says Madras High Court; Grants Divorce to Man.

According to the prosecution's case, on January 18, 2020, the accused, who was approximately 40 years old at the time, enticed the 13-year-old victim into a house and committed penetrative s*xual assault. He subsequently threatened her to prevent disclosure of the incident. A later medical examination revealed the victim was five weeks pregnant, and she gave birth to a child on October 24, 2020, after the initial police chargesheet had been filed.

Defense Challenges Chain of Custody

In his appeal seeking acquittal, Murugan argued that his conviction rested solely on the DNA report, noting that neither the victim nor her parents supported the prosecution's narrative during cross-examination. His defense counsel further contended that the state failed to establish a secure chain of custody for the forensic samples and failed to provide relevant documentation to the defense under Section 207 of the Code of Criminal Procedure (CrPC). The High Court systematically rejected these procedural objections. The bench noted that following the child's birth, the local Child Welfare Committee directed the investigating officer to initiate DNA profiling. Blood samples from the accused, the victim, and the infant were collected at the Government Medical College Hospital in Theni and routed through the trial court to the Forensic Science Laboratory (FSL) in Madurai within six days.

"The trial court was perfectly right in relying upon the DNA report to come to the conclusion that the child was born to the appellant (accused) and the victim girl and that clearly laid the foundational fact to substantiate the charge," the bench held. Addressing the alleged non-disclosure of documents, the High Court observed that the forensic reports were unavailable when the final police report was filed because the child had not yet been born. Furthermore, the bench emphasised that the defense had extensively cross-examined the FSL Deputy Director using those exact files, proving they had access to the material. Removing Thali Amounts to Mental Cruelty of the Highest Order, Says Madras High Court; Upholds Divorce Granted to Man.

Modification of Charges and Sentencing

While the High Court validated the core finding of guilt based on the untampered forensic evidence, it modified the specific legal provisions applied to the conviction. The court determined that the original charge under Section 5(l) of the POCSO Act - which governs repeated penetrative s*xual assault - could not be sustained because the hostile testimony left the prosecution without structural evidence regarding the frequency of the offenses.

Instead, the bench altered the conviction to Section 5(j)(ii) of the POCSO Act, which explicitly penalises penetrative s*xual assault that results in a child's pregnancy. Consequently, the High Court reduced Murugan's sentence from life imprisonment to a fixed term of rigorous imprisonment for 20 years.

Women and Child Helpline Numbers:

Childline India – 1098; Missing Child and Women – 1094; Women’s Helpline – 181; National Commission for Women Helpline – 112; National Commission for Women Helpline Against Violence – 7827170170; Police Women and Senior Citizen Helpline – 1091/1291.

(The above story first appeared on LatestLY on Jun 05, 2026 09:19 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).