Chhattisgarh HC dismisses petition to establish paternity for delay in 2018 gang rape case
The petitioner sought DNA profiling of Krushna Korva and
Rajesh Yadav
under Section 53A of the Criminal Procedure Code (CrPC) to establish the biological paternity of her minor daughter, born as a consequence of the alleged crime. She also sought to exceed the compensation amount awarded in the 2023 judgment of the District and Additional Sessions Judge, Fast Track Special Court (POCSO Act), Ambikapur, citing the National Legal Services Authority's (NALSA) Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes-2018.
According to the petitioner, on 12 May 2018, Suresh Ram Shrivas, along with Krushna Korva and Rajesh Yadav, committed aggravated penetrative sexual assault. She gave birth to a female child on 6 February 2019. An FIR was lodged on 19 June 2019, at Mahila Thana Ambikapur, under relevant sections of the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act.
A charge sheet was filed on 14 August 2019, and the trial concluded on 18 August 2023, with Suresh Ram Shrivas being acquitted of all charges.
The petitioner's counsel argued that the trial court's judgment did not address substantive legal grounds and that the court did not take cognisance of the petitioner's statement regarding the possible involvement of more individuals.
The state counsel countered that a proper investigation was conducted following the FIR, a charge sheet was filed, and the trial resulted in the acquittal of the accused.
The High Court observed that the judgment in the original case was pronounced on 18 August 2023, and was not challenged by the petitioner before any higher forum, thus attaining finality. The bench noted that the petitioner's attempt to implicate Krushna Korva and Rajesh Yadav came almost two years after the trial concluded. The court stated that the petitioner should have raised concerns about the non-inclusion of their names in the charge sheet at the earliest opportune time.
Considering these facts, the court dismissed the writ petition.
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