Court Orders Special Probe After DNA Mismatch In Bageshwar Dham Rape Case

The Madhya Pradesh High Court has ordered a fresh investigation into the alleged sexual assault of a 16-year-old girl at Bageshwar Dham in Chhatarpur after a forensic report found that the accused was not the biological father of her foetus and the minor did not support the rape allegation against him while deposing before the trial court.

Justice Ajay Kumar Nirankari, while rejecting the accused's second bail application, directed the Superintendent of Police, Chhatarpur, to constitute a Special Investigation Team (SIT) to ascertain the circumstances surrounding the alleged sexual assault and identify the biological father of the foetus. The investigation has been ordered to be completed within two months, followed by appropriate action.

According to the prosecution case recorded in the High Court order, the minor had alleged that the accused, Raju Jatav, had forcibly raped her at Bageshwar Dham. She was medically examined during the investigation and was found to be two months pregnant.

Her pregnancy was subsequently terminated, and the foetus and placenta were preserved for forensic examination. The accused's blood sample, along with the foetus, placenta tissue and the minor's blood sample, was sent for forensic analysis. The State Forensic Science Laboratory, Sagar, concluded that Jatav was not the biological father of the foetus.

The case took another turn when the minor appeared before the trial court as a prosecution witness. According to the High Court order, she did not support the prosecution's version during her testimony and denied that Jatav had raped her.

The High Court noted a contradiction between her earlier statements and her subsequent testimony. In statements recorded under Sections 180 and 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the minor had alleged that Jatav had forcibly raped her at Bageshwar Dham. During the trial, however, she did not support the allegation.

The court noted that while the forensic report excluded Jatav as the biological father of the foetus, the minor had conceived following physical relations with a man. It directed the police to investigate the circumstances of the alleged sexual assault and determine the identity of the biological father.

The court also took note of the fact that the minor had been recovered at the instance of Jatav's wife while considering the bail application. Despite the DNA report and the minor's subsequent testimony, the High Court declined to grant Jatav bail.

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Instead, it directed the Chhatarpur Superintendent of Police to constitute an SIT and complete the investigation within two months. The team will examine the circumstances surrounding the alleged sexual assault and seek to establish who was responsible and who was the biological father of the foetus.

Bageshwar Dham's Advisory To Women Devotees

The court order comes days after the Bageshwar Dham temple management issued an advisory asking women devotees to exercise caution while visiting the premises.

The advisory urged women not to visit the Dham alone and cautioned those arriving unaccompanied against placing blind trust in strangers or sevadars. It also advised devotees not to venture beyond the temple premises and the hall, and not to stay at the Dham for unnecessarily long periods.

The temple management said it could take responsibility for security within the areas under its control but not for the entire roughly five-kilometre area surrounding Bageshwar Dham.