Conviction based on DNA evidence confirms father as biological parent; Court dismisses appeal challenging conviction under POCSO Act and IPC.
In a landmark judgment, the Bombay High Court at Nagpur has upheld the conviction of Bandu Vishwanath Matte, who was found guilty of sexually assaulting his minor daughter, a case that has shocked the community and reaffirmed the importance of DNA evidence in criminal proceedings. The division bench comprising Justices Urmila Joshi Phalke and Nivedita P. Mehta pronounced the judgment on July 15, 2026, dismissing the criminal appeal filed by Matte against his conviction by the Extra Joint District Judge & Additional Sessions Judge, Chandrapur.
The court upheld Matte's conviction under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO) and multiple sections of the Indian Penal Code (IPC), including Sections 376, 376AB, 376(2)(f), 376(2)(k), and 376(2)(n), related to rape and sexual assault. The pivotal evidence in the case was the DNA test, which conclusively established Matte as the biological father of the child born to the 12-year-old victim, corroborating her allegations of repeated sexual assault.
The judgment noted that the chain of custody of the DNA samples was meticulously maintained, following guidelines issued by the Supreme Court in a previous case, ensuring the integrity and reliability of the evidence. The DNA samples were collected, sealed, and forwarded for examination without any tampering, leading to the conclusion that Matte was indeed the father of the child born to the victim.
The court addressed the appellant's contention that the conviction was solely based on the DNA report, emphasizing the corroborative nature of the victim's testimony and medical evidence. Despite the victim's initial reluctance to disclose the assault due to fear and trauma, her statements later revealed the horrific experiences she endured at the hands of her father.
Justice Phalke, delivering the oral judgment, underscored the psychological and physical impact on the victim, stressing the need for sensitivity in handling such cases. The judgment also highlighted the broader implications of the POCSO Act, which aims to protect children from sexual offenses and ensure their welfare and development.
The court dismissed the appeal, confirming the life imprisonment sentence awarded to Matte, and emphasized the necessity of deterrent punishment commensurate with the gravity of the offense. The judgment serves as a reminder of the judicial system's role in safeguarding victims' rights and ensuring justice is served, particularly in cases involving vulnerable minors.
The case has drawn attention to the crucial role of DNA evidence in criminal justice, setting a precedent for future cases and reinforcing the importance of forensic science in legal proceedings.
Bottom Line:
Father convicted for committing sexual assault on his 12-year-old daughter under POCSO Act and IPC. DNA evidence established the accused as the biological father of the child born to the victim.
Statutory provision(s): Protection of Children from Sexual Offences Act, 2012 Section 6, Indian Penal Code, 1860 Sections 376, 376AB, 376(2)(f), 376(2)(k), 376(2)(n), Evidence Act, 1872 Sections 35, 74, 77
