In a striking verdict, a division bench of the Gauhati High Court comprising Justice Anjan Moni Kalita and Justice Michael Zothankhuma overturned a trial court’s three-year-old rape conviction, acquitting Sudip Biswas after DNA evidence conclusively proved he was not the biological father of the child born to the complainant.

This development emerged despite Biswas initially refusing to undergo the DNA test in 2023, an order the High Court had compelled him to follow, emphasizing that individual privacy must yield to uncovering the truth.

The  Bench highlighted in their judgment that “As can be seen from the DNA test/profiling done on the appellant and the child, the appellant is not the father of the child. As such, the very basis for the learned Trial Court to have convicted the appellant does not have any legs to stand on," a ruling made on September 22.

Facts:

The instant case  dates back to 2016 when a 48-year-old woman accused the then 24-year-old Sudip Biswas of rape. Following the incident, the woman gave birth to a child. In July 2022, a trial court sentenced Biswas to 12 years of imprisonment under Section 376(1) of the Indian Penal Code. 

However, when Biswas sought suspension of the sentence on October 10, 2023, the High Court denied it, asserting that without a proper DNA test, releasing him was improper. Subsequently, a DNA test was conducted, and a year later, the Directorate of Forensic Science in Kahilipara submitted a report that exonerated Biswas.

Nonetheless, the High Court’s final judgment did not rely solely on the DNA report; it also examined the victim's testimony, revealing that she had been informed of Biswas's name by another woman who was not summoned as a prosecution witness. 

The  Court Ruling:

The judgment elaborates, “A reading of the testimony of the victim and especially the cross examination, shows that the victim had not seen the face of the rapist during the time she was raped. PW-7 has stated that she came to know the name of the rapist from one .... However, neither has [she] been made a prosecution witness nor has any evidence been given by [her]. As such, there is a huge gap as to how [she] or the victim came to the conclusion that the appellant was the rapist. In her cross examination, the victim has denied the suggestion that she got pregnant because some other person, other than the appellant, had impregnated her. However, as per the DNA test report, the stand taken by the victim is found to be false, as the appellant is not the father of the child conceived by the victim". 

Consequently, the court acquitted Biswas and ordered his immediate release from custody. 

Case Details: : Sudip Biswas @Bura v. The State of Assam and Anr

Appearance

Advocate for Appellant: Senior Advocate HRA Choudhury ,  Adv. A Ahmed

Additional Public Prosecutor B Bhuyan appeared for the State.