The pregnancy came to light after the hearing and speech impaired woman, studying in class 7 of a city school, complained to her teacher of stomach pain on July 23, 2019.
Photo for representational purpose
A restaurant worker, who spent 17 months in jail after being accused of raping and impregnating his 19-year-old hearing and speech impaired neighbour, was recently granted bail after the DNA evidence showed that he had not fathered the child.
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The sessions court said that the DNA report negated the prosecution’s case that the accused, aged 25, had impregnated the woman, stated a report in The Times of India.
“The accused had been arrested on August 1, 2019. The chargesheet has been filed. It will take time to decide the matter on merits. Looking into the copy of the DNA report produced on record, the prayer made by the applicant (accused) for release on bail needs to be allowed,” the court said in a recent order.
The pregnancy came to light after the hearing and speech impaired woman, studying in class 7 of a city school, complained to her teacher of stomach pain on July 23, 2019. The teacher called the woman’s father and apprised him. The following day she was taken to the doctor who suggested a sonography.
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Two days later, tests showed that she was six months pregnant. When the family enquired with the woman, she told them in sign language that about five to six months back when she was on her way to the public toilet, the accused forcibly took her to his house and sexually assaulted her and took her photographs. The family then approached the police and an FIR was registered. The woman’s statement was recorded by the police with the help of a special teacher and he was arrested.
The accused’s earlier attempts to seek bail, in the absence of the DNA report, were rejected by the court. Advocates for the accused, Prakkash Rohira and Yash Vyas, recently sought bail again. They said that was a severe delay in production of the DNA report and they even approached the Bombay high court.
The defence told the court that the man was falsely implicated. They said that the DNA report excluded the accused as the biological father of the boy born to the woman. The prosecution opposed the bail plea alleging that the accused had taken advantage of the woman’s vulnerabilities. It further said that if the accused is granted bail, he could tamper with the evidence or threaten the woman and prosecution witnesses.
Granting him bail on a surety of Rs 30,000, the court directed the accused not to contact the woman or visit her. “The accused (is) to attend the matter on each and every date without fail. The applicant shall submit the proof of his residential address, phone number, Aadhaar card and election card, if any,” the court added.
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