DNA test of child born out of gangrape to ascertain paternity

Ahmedbad: Botad district police stated in an affidavit before a local court here today that it has got the DNA test of a rape survivor's new born baby conducted in order to ascertain the paternity.

The case pertains to a rape survivor, whose plea to terminate her 28-week pregnancy was rejected by the Gujarat High Court in April this year. Later, she gave birth to a baby boy who is at present in the custody of the District Collector.

Botal District Superitendent of Police S K Gadhvi filed the affidavit before Additional Sessions Judge K R Rabari today stating "the police has conducted the DNA test of the child to find out which rape accused out of the seven is the father of the child".

The affidavit further stated that DNA samples of the child, who was born earlier this month, was sent to Forensic Science Laboratory at Gandhinagar to match it with the DNA of the accused.

The affidavit was filed by the police after an accused Mayur Rathod, who was sarpanch of Sandariyana village of Botad district and an accused in the rape case, filed a plea for bail.

According to the affidavit, Rathod raped the woman and also abetted others in the crime. The rape survivor's family members told PTI that the police had sent DNA samples of the child to the Sir Takhatsinhji Hospital in Bhavnagar.

As per the police report, she was abducted and raped by seven men at different places for eight months, which made her pregnant, her plea stated.

After learning about her pregnancy due to rape, she had first approached a Botad court to terminate her pregnancy which was around 26 weeks at that time.

Her plea was rejected by the court citing Section 3 of the Medical Termination of Pregnancy Act, 1971, which only permits termination of pregnancy not exceeding to 20 weeks.

She then approached the High Court to set aside the order of the lower court and permit her to abort the child. In her plea, the woman said that her husband may throw her out of her own house if she gave birth to somebody else's child.

The High Court had rejected her plea and ordered the Botad District Collector to keep a close watch on her family members, including her husband, as well as to ensure all medical facilities to the woman to deliver her child.

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