Supreme Court on Monday, had granted bail to a 84-year old man who was accused of raping a 13-year-old girl and impregnating her. The bench took the decision after DNA report revealed that he is not the biological father of the born child.
A division bench comprising of Justice Sanjay Kishan Kaul and Justice Ajay Rastogi overturned Calcutta’s July 5 order after the state government informed the apex court about DNA reports revealing that the accused, Jayanta Chatterjee, is not the father of child born to the rape survivor.
“In view of the aforesaid, we have no hesitation in saying that the petitioner (Chatterjee) should be enlarged on bail on the terms and conditions to the satisfaction of the trial court,” stated the court.
With DNA reports absolving the accused, Chatterjee’s lawyer sought compensation from survivor’s father, Karmakar and stated, “Senior counsel for the petitioner (Chatterjee) further submits that it is out of a landlord-tenant dispute that a false case has been filed and that he should be given appropriate compensation. If that be the position, it is for the appellant to take necessary steps in this behalf in accordance with law claiming compensation in accordance with law.”
On May 11, a rape complaint was registered by the victim’s father, Dilip Karmakar at the Matigara police station. He stated in his complaint that he observed her daughter showing unnatural behaviour and while he questioned her, she revealed that Chatterjee has raped her and impregnated her. He was arrested under Protection of Children from Sexual Offences Act (POSCO) on May 12 and was under police remand on May 26.
The minor victim has given birth to a baby girl on July 5.
Chatterjee has argued before the High Court as well as the top court that Karmakar has levelled false allegations on him. He told the court that Karmakar was his tenant and usually not pay the monthly rent.
He further pointed out that he is 84-years old and therefore is not capable of sexual intercourse at this age. However, the state government has submitted that Chatterjee’s age is 74 as per the official documents.
“The ludicrousness of the allegations are rife on the face of it considering the age of the petitioner. As per the well-established principles of medical jurisprudence, such allegations are improbable due to the age of the petitioner and due to ailments of diabetes and high blood sugar (which the petitioner is suffering from),” stated the accused’s plea.
Chatterjee had sought directions for a DNA test to prove his innocence which SC has accepted and ordered a DNA test on July 9.
“The petitioner was falsely implicated by the father of the victim because of personal enmity on account of a landlord-tenant dispute between them. The DNA test did not match with the accused meaning thereby that the petitioner was not the father of the child. Therefore, the court granted bail,” stated Chatterjee’s counsel, Kapil Sibal.
