Rape -- DNA Report Establishing Paternity -- Proves intercourse but not absence of consent
(i) Indian Evidence Act, 1872, S.114A -- Rape -- DNA Report Establishing Paternity -- Proves intercourse but not absence of consent -- A DNA report establishing paternity conclusively proves the fact of sexual intercourse but does not by itself establish absence of consent. Even where the statutory presumption of non-consent stands triggered upon proof of intercourse, the prosecutrix's testimony must independently inspire confidence and withstand scrutiny for material inconsistencies before conviction can follow. (ii) Code of Criminal Procedure, 1973, S.378 -- Appeal Against Acquittal -- Reasonably Possible View Taken by Trial Court -- Not to be disturbed by appellate court -- Where the view taken by the trial court is a reasonably possible one based on the evidence on record, an appellate court cannot substitute it merely because another view is equally plausible, even in cases involving allegations of grave sexual offences.
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