DNA test lands 'rape victim' in a spotPreetu Nair, TNN | Jul 18, 2009, 04.58 AM IST
PANAJI: One year after from alleged she was raped by a neighbour and that she had subsequently given birth to his child, DNA tests have revealed the accused did not father the child. now want to initiate action against the complainant for lodging a false complaint.
A letter dated June 30, 2009 sent to the girl by , "I am to inform you that your complaint has transpired to be false. It is being considered whether action should be taken against you for lodging of ."
Sources reveal the police have also written to the judicial magistrate first class (JMFC), Vasco, to close the case and have sought permission to prosecute the girl for filing a false complaint. Sources said, "It was decided to close the case and prosecute the girl for filing a false complaint as the report of the DNA test to determine whether the accused was the biological father of the baby born to the girl came negative."
The girl has also received a letter from the Vasco JMFC informing her that a final report has been filed by the police and to appear before the court for grant of desummary (to close the case due to lack of evidence) or to file objections.
The girl's advocate, Amey Prabhudessai, confirmed receipt of the letters. Police records reveal that in her complaint the girl said that the accused, Andrew D'Cunha, had called her to his house in his mother's absence and had allegedly repeatedly raped her on April 7, 2007. A police complaint was lodged 11 months later on March 19, 2008 and a case of rape registered.
The girl had said that she hadn't filed a complaint till then as the boy had allegedly threatened her. It was only on learning that she was pregnant in December 2007 and after a child was born that she approached the police with the complaint.
Initially, the police weren't able to trace the accused, but in August 2008 he surrendered. Later, the girl, the child and the boy were subjected to DNA tests at GMC which revealed that D'Cunha was not the child's biological father.