Police cannot cancel POCSO case only on basis of DNA report favouring accused: Punjab and Haryana High Court

The Punjab and Haryana High Court recently emphasized that a DNA report favoring the accused cannot lead to the cancellation of a penetrative sexual assault case under the POCSO Act, especially when the minor victim has consistently supported her allegations in a statement under Section 164 of the CrPC. \r

Justice Harpreet Kaur Jeewan reasoned that despite the DNA report not matching with the accused's DNA and absence of semen in the victim's swab, the offence of penetrative sexual assault cannot be ruled out, given the victim's statement, medical history, and the prima facie opinion of the doctor. \r

The Court rejected the anticipatory bail plea of a 37-year-old accused based on these grounds and upheld the seriousness of the charges under POCSO.