A 26-year-old man in Aligarh out on bail in a rape case is planning to urge a local court to exonerate him after DNA samples revealed that he is not the biological father of the child born to the teenage girl who accused him of sexual assault, officials said on Wednesday.

The accused was charged with the rape of the 13-year-old girl in February 2019 and imprisoned as he awaited trial. Last year, the district police sent the samples of the baby and the accused to the Forensic Science Laboratory here for DNA profiling.

After the paternity report said he was not the biological father of the baby girl, the 26-year-old was let out on bail on March 27. Defence lawyer Hari Om Varshney said his client was now planning to move court and urge it to direct the police to discharge him from the case.

“On Allahabad High Court’s directive, the samples of the accused and the baby girl were collected and sent to FSL, Lucknow, for DNA profiling. The report received from FSL recently stated sample did not match. We will submit the FSL report in Aligarh court where the case will be heard soon,” said the station officer of the police station concerned.

The police had filed a chargesheet in the case. The court, however, had yet to frame charges and fixed April 7 for the next hearing.

The girl was studying in Class 8 when the incident occurred. She and the accused, who used to work as a labourer in Faridabad, are from the same community. As per an FIR lodged based on a complaint by the girl’s father, the accused used to regularly visit his house when his daughter was alone. She got pregnant after he sexually assaulted her. The girl allegedly did not tell anyone about the rape because the accused threatened her with dire consequences.

The girl’s father claimed that after coming to know about the pregnancy, his wife went to the house of the accused to complain to them. But, the 25-year-old’s brothers allegedly thrashed and threatened her. One more person was present in the house at the time, said the police.

Following the complaint, the police charged the accused with rape and booked his brothers and another person for criminal intimidation and physical assault.

“In her statement before the magistrate, the victim only spoke about the main accused sexually assaulting her,” said the station officer.

A few days later, the police arrested the 26-year-old and produced him in a local court that sent him to judicial custody. The police investigated the case and filed a chargesheet against him. Around two months later, the victim gave birth to a baby girl, the police added.

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