Bageshwar Dham Rape Case | “DNA Says Accused Is Not The Father”: MP High Court Orders Fresh SIT Probe
Written and analysed by Vaibhav Ojha
Head Of Legal CommunicationsJABALPUR: The Madhya Pradesh High Court has ordered a fresh investigation into the alleged rape of a 16-year-old girl in the Bageshwar Dham case after important evidence raised questions about the prosecution case against accused Raju Jatav.
A DNA test conducted on the girl's aborted two-month-old foetus reportedly did not identify Jatav as the biological father. During her cross-examination, the survivor also did not support the prosecution case against him, despite having earlier recorded a statement before a magistrate.
Justice Ajay Kumar Nirankar directed the Chhatarpur Superintendent of Police to constitute a Special Investigation Team (SIT). The SIT has been asked to investigate within two months who allegedly raped the minor and who is the biological father of the foetus.
According to the prosecution, the girl left her home on March 15 following a dispute with her mother and reached Bageshwar Dham. Two days later, she allegedly met Raju Jatav. The prosecution alleged that Jatav raped her that night at a farm near the ashram.
The prosecution further alleged that Jatav kept the girl with him for around 15 days before taking her to Pachor by train. His wife later took the girl to the police. The minor subsequently recorded her statement before a magistrate in the presence of her sister and representatives of the Child Welfare Committee.
However, subsequent developments became significant for the case. The DNA test reportedly failed to establish Jatav as the biological father of the foetus, while the survivor did not support the prosecution's allegations against him during cross-examination.
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These developments made a fresh investigation important not only for identifying the actual offender, but also for ensuring that criminal liability is fixed on the basis of reliable evidence rather than merely continuing against a person whose alleged role has come under serious evidentiary doubt.
The High Court had rejected Jatav's second bail application on September 25. The order was uploaded on the court's website on October 4.
The SIT will now have to investigate the circumstances surrounding the alleged sexual assault, determine the identity of the person responsible and establish who was the biological father of the aborted foetus.
EXPLANATORY TABLE - LAWS & SECTIONS
| LAW / PROVISION | RELEVANCE |
|---|---|
| POCSO Act, 2012 | Governs sexual offences committed against persons below 18. The survivor was reportedly 16 years old. Exact POCSO sections in this FIR/order need verification from the judgment. |
| Criminal law provisions governing rape/sexual assault | The prosecution alleges rape of the minor. Exact substantive section(s) should be taken from the order rather than inferred. |
| Bail jurisdiction | The proceeding before the High Court concerned Raju Jatav's second bail application. The precise provision under which it was filed should be confirmed from the first page of the order. |
CASE DETAILS
| PARTICULAR | DETAILS |
|---|---|
| Case Title | Raju Jatav v. State of Madhya Pradesh |
| Court | High Court of Madhya Pradesh |
| Bench | Justice Ajay Kumar Nirankari, Single Bench |
| Order Date | 25 September 2026 |
| Nature of Proceedings | Second bail application |
| Applicant/Accused | Raju Jatav |
| Respondent | State of Madhya Pradesh |
| Result | Second bail application rejected; fresh investigation/SIT directed |
| Investigating Authority Directed | Superintendent of Police, Chhatarpur, to constitute a Special Investigation Team |
| Time Granted for Investigation | Two months |
| Key DNA Finding | FSL/DNA report reportedly found that Raju Jatav was not the biological father of the foetus |
| Survivor's Evidence | During court proceedings/cross-examination, the minor reportedly did not support the prosecution allegation that Raju Jatav raped her |
| SIT's Core Task | Determine who sexually assaulted the minor and who is the biological father of the foetus |
KEY TAKEAWAYS
- DNA DID NOT MATCH: The DNA test reportedly excluded accused Raju Jatav as the biological father of the minor’s aborted foetus.
- SURVIVOR DID NOT SUPPORT PROSECUTION: During cross-examination, the minor reportedly did not support the prosecution’s rape allegation against Jatav.
- IDENTITY OF OFFENDER STILL IN QUESTION: The High Court ordered a fresh SIT probe to determine who allegedly raped the minor and who fathered the foetus.
- ACCUSED STILL DENIED BAIL: Despite these major evidentiary developments, Jatav’s second bail application was rejected.
- ACCUSATION IS NOT PROOF: When DNA and testimony raise serious questions about the accused’s alleged role, investigation must follow evidence and identify the actual offender rather than presume guilt.
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