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Rape Conviction By Aborted Foetus DNA: SC Orders Preservation Of Aborted Foetus Of 2 Minor Girls

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| September 22 , 2017 , 13:05 IST

Instances of rape are disturbingly common in India, likely affected by low conviction rates, as often the victims are too intimated to report, or sometimes are not able to prove their allegations against the accused.

As the Supreme Court allowed two minor girls who were pregnant due to rape to undergo abortion past the legal termination date of 20-weeks, they have issued an additional directive, that the aborted foetuses be preserved for DNA testing to nail the rapists.

One of the girls is a 13-year-old from Delhi and the other is a 17-year-old from Bengaluru and both had become pregnant after being raped.

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A bench of Chief Justice Dipak Misra and Justices Amitava Roy and A M Khanwilkar ordered the termination of the pregnancies, had issued a directive to AIIMS and Karnataka government to bear all the expenses for the medical procedures of the respective girls.

The Counsel's of the two cases, Nikhil Nayyar and Divyesh Pratap Singh, requested the court that since both the respective pregnancies had been caused by rape, it would be helpful to preserve the aborted foetuses for DNA tests to help the prosecution in ascertaining the guilt of the accused.

Although DNA samples are often taken directly from the victim in the case of rape, the samples can only be collected within 48 hours of the rape, and even then sometimes are not identifiable and valid in court.

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In comparison, the DNA sample taken from an aborted foetus would be comprehensive proof of the father of the child.

While the Delhi girl will undergo the MTP (Medical Termination of Pregnancy) at AIIMS hospital on Friday, the one in Bengaluru will have her pregnancy terminated at the Bangalore Medical College and Research Institute (BMCRI).

The court directed AIIMS and the Karnataka government to bear the expense of the medical procedures required for termination of the pregnancies and food and medicines required by the girls.