A Report on a brief doctrinal project study carried out on the topic of

“Relevancy of Medical and Forensic Science Evidence in Rape Cases”

Submitted by Sneha Singh

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INDEX
CHAPTER 1: INTRODUCTION................................... 1.1 Rape: a Heinous Crime 1.2 What is Rape? 1.3 Sources of Evidences 1.4 Importance of Medical and Forensic Science Evidence 1.5 Nature and Scope of the Study 1.6 Objectives of the study 1.7 Hypothesis 1.8 Research Methodology 1.9 Review of Literature CHAPTER 2: MEDICAL EXAMINATION: A MANDATORY

REQUIREMENT ………………………………………… 2.1 Medical Examination of the Victim 2.2 Medical Examination of the Accused 2.3 Medical Evidence 2.4 Limitations of Medical Examination CHAPTER 3: FORENSIC SCIENCE EVIDENCE: A NEW EVOLVED

TECHNIQUE……. 3.1 Application of Forensic Science to Rape Examination 3.2 Forensic Science Evidence 3.3 Limitations of Forensic Science Evidence CHAPTER 4: JUDICIAL PRONOUNCEMENTS 4.1 Conviction based on Examinations 4.2 Acquittals based on Examinations 2

4.3 Examinations vs. Testimony of Prosecutrix CHAPTER 5: RELEVANCY OF MEDICAL AND FORENSIC SCIENCE EVIDENCES………………. CHAPTER 6: CONCLUSION AND SUGGESTION………………. BIBILOGRAPY

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From being a sports-person to an astronaut. The discussion will be based on judgments and opinion of medical jurists. women have brought glory and pride to the country. The expectations are blown to smithereens when women become the object of lust and their modesty and womanhood is defied by some demented minds. Bijal Joshi to Nithari Mass-murder are enough to send shiver down the spine of any right thinking citizen. who are created in the image of God as the scripture teaches us. Animal does not rape. But what is happening is just reverse of what is actually expected. 1. a corporate personality to an IPS officer and now the President of the country.1.1 RAPE: A HEINOUS CRIME Down the ages right from Rani Lakshmi Bai. The research will evaluate the importance and relevancy of these evidences in detection of crime. The times have come when it is expected that society and man in particular would recognize the role of women in our society and reciprocate accordingly. Cases like Narodia Patia. INTRODUCTION The researcher through this project intends to discuss as to what are the medical and forensic science examinations carried out to detect the crime of rape. women are marching their steps along with their male counterparts. Indira Gandhi to the present day. Today they excel in all the fields to name. 4 . It is only human beings. who rape and defile the most private aspect of a woman.

with disruption of concentration. After being raped it is common for the victim to experience Acute Stress Disorder. This heinous crime challenges the sanctity and every essence of human society and the time is perhaps right to deal with rapists with an iron hand. including symptoms similar to those of posttraumatic stress disorder. 5 . It is scary to think that one of the two genders of mankind is in danger of being raped by some demented minds and there is nothing to exaggerate about it. Strict legislation and prompt action by the law enforcing agencies will certainly help in checking the occurrences of rape. sometimes unpredictable. such as intense. The conditions may be so acute that many of the victims commit suicide after rape and others may loose their mental balance and confidence. or seeking police or medical assistance. The effects of Rape are not only physical but also mental and psychological. and they may find it hard to deal with their memories of the event.Rape is a crime not only against the woman concerned but also against the whole society. The shock and shame may prevent the victim from revealing their ordeal to friends or family. Effects on victims Victims of rape can be severely traumatized by the assault and may have difficulty functioning as well as they had been used to prior to the assault. emotions. sleeping patterns and eating habits.

Fifthly: . There are several evidences which are needed to prove the crime of rape but to understand their use we need to understand as to what can be constitutes as rape under Indian Law. by reason of unsoundness of mind or intoxication or the administration by him personally or 6 . Rape. Section 375 of Indian Penal Code.Against her will. Thirdly: . Section 375. when. at the time of giving such consent. except in the case hereinafter excepted. IPC. 1860 lays down the meaning of rape. when the man knows that he is not her husband. Fourthly: -With her consent. A man is said to commit "rape" who. Secondly: -without her consent.1.With her consent. 1860 says375. has sexual intercourse with a woman under circumstances falling under any of the six following descriptions: First: . and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.With her consent. when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.2 WHAT IS ‘RAPE’? Today there is a dire need of locating the inhumane criminals who take away the true sense life of a girl/a woman from her and establishing the crime against them ‘Beyond the reasonable doubt’.

she is unable to understand the nature and consequences of that to which she gives consent.through another of any stupefying or unwholesome substance. 6. Interpretation of Provision In simple non-legal words rape means sexual intercourse with a female (other than his wife who is not younger than 15 years of age) by a person when: 1. when she is under sixteen years of age. even with her consent. The consent is obtained by threat. 7 . The female is not willing (even when the female is prostitute or is habituated to sex). Explanation: .With or without her consent. 8. 2. When the person is unconscious. Exception: -Sexual intercourse by a man with his wife. When the victim is young . But these provisions are of no help if the proper evidences are not traced. is not rape. The consent is obtained by deceit or misrepresentation (posing as her husband or misrepresenting the act as medical treatment). 4.(16 years). the wife not being under fifteen years of age.Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape. 3. 5. Sixthly: . When the victim is mentally deficient: imbecile.below the age specified in law . idiot. Penetration of male organ into the female parts incurs the offence. 7. When the victim is under the influence of drugs or liquor.

1. the victim and the culprit carry important evidences. medical examination of person accused of rape has also become an important requirement. The number of cases is increasing and it is bound to increase further because of the changing social values. The investigator has to proceed systematically to collect proper evidence and to provide proper proof as in cases of rape there are usually no eye-witnesses.3 SOURCES OF EVIDENCES The charge of rape is easy to level against a person but difficult to prove. The investigator has to be vigilant. 1 2 S 53. 8 . It is complainant’s statement versus accused person’s statement. As the culprit and the victim come in close contact. This evidence is medical and forensic. 1973. Examination of person accused of rape by medical practitioner. Of course circumstantial evidence (and hence scientific evidence) is available. C.4 IMPORTANCE OF MEDICAL AND FORENSIC SCIENCE EVIDENCE Medical Examination of the victim had always been a mandatory requirement1 for the establishment of the crime of rape. It is also useful to find out traces of semen. 53A. by the Amendment Act of 2005. there is plenty of exchange of traces. Code of Criminal Procedure.1. If the case is handled early and efficiently convincing evidence should be forthcoming. Both. And now after the insertion of Section 53-A2 in Cr. P. physical and knowledge of the occurrence. blood and other body fluids on the clothes and bodies of both victim and culprit. The medical examination proves of a great help especially in cases of un-consensual forceful acts of rape which leave behind marks of struggle and blood.

Forensic science is of great help to determine all these questions with utmost accuracy and solve the knot of suspicion. fibres and blood on the person of others.Now application of forensic science evidence comes in play to detect the sourceperson of blood. fingernail scraping containing skin. broken-skin. 9 . We would now study the application of these evidences to investigation and their importance in judicial pronouncements. Age of the victim often assumes a great importance in case of consensual sex. hair. foreign-hair. semen.

but is only an attempt to understand the underlying principles of examination of crime of rape and subsequently discussing the judgments reflecting the application of these evidences.e.1. The study is not exhaustive. a doctrinal and analytical study of the medical and forensic science evidences to ascertain the commission of rape and their relevance. The researcher has limited the scope of the study to describing the various methods of the medical science and forensic science evidences to detect rape and their application to investigation. 10 .5 NATURE AND SCOPE OF THE STUDY The present research is purely academic in nature i.

11 .1. the main purpose of the present work is to introduce the concept of Rape and identification of the methodologies to determine the crime. Keeping in view this aim. Other underlying object is to construe that whether they have served the purpose of providing full-proof mechanism of detecting and punishing for crime.6 OBJECTIVES OF THE STUDY: In view of the foregoing discussion. the researcher has analyzed the application of the medical and forensic science evidences to investigation of the Rape and throwing a light upon the scope and application of the concept. The main focus of the study is to determine the importance of above mentioned evidences in judicial pronouncements.

The major hypothesis developed on the basis of study of available literature. These examinations have a high success rate and thus have led to higher conviction statistics.7 HYPOTHESIS: The focal points and assumptions are normally available through the formulation of hypothesis. 2. 12 . The Medical and Forensic Science Evidences find the utmost place in the investigation of the crime of rape and ascertaining its occurrence. day to day observations of the people from various walks of daily life and evaluation of primary as well as secondary data and work done earlier including related studies are: 1.1.

9 REVIEW OF LITERATURE For the research the relevant material is collected from the secondary sources.8 RESEARCH METHODOLOGY: The present research study is mainly a doctrinal and analytical. etc. e-journals. As the study is analytical. Material is also collected from print and electronic media like various search engines and internet databases. reports. Keeping this in view. 1. From the collected material and information. researcher proposes to critically analyze the topic of the study and tries to reach the core aspects of the study. The reason for selecting this mode of research for this type is that it’s a probably quickest and most economical way for research to find possible hypothesis and to take advantage of the work of to others and utilize their own earlier efforts.1. 13 . historical and doctrinal methods are adopted because it is not possible to study purely by experimental method.academic in nature. journals. Materials and information are collected both legal and political sources like books on Medical Science and Forensic Science by eminent authors like Vinod Nijhawan. are also referred. the researcher utilized the conventional method of using libraries consisting of primary sources like books.

3. 1973.e.2. The charge of rape is easy to level against a person but difficult to prove. 3 Section 53 and Section 53-A. Consent of the victim is essential. The doctor should be qualified and experienced. It is very rare that medical cases are tried without medical evidence. Marks of violence about the genitals. be carried at the earliest. Medical evidence in cases of rape may be from the following sources: 1. In that case the analysis of circumstantial evidences along with medical examination of the victim and now even the accused has been made mandatory3 in the rape cases. which.1 MEDICAL EXAMINATION OF THE VICTIM The victim bears important medical evidence. therefore. 2. The medical examination must be carried out by a female doctor whenever possible or in the presence of a female. 14 . 2. MEDICAL EXAMINATION: A MANDATORY REQUIREMENT As discussed earlier rape is a crime mostly done in secrecy and thus it is quite difficult to find witnesses who can substantiate the testimony of the victim prosecutrix. injuries consistent with forcible rape. The examination of the victim should. respectively of Code of Criminal Procedure. Medical evidence is commonly required to support a charge of rape but is seldom more than corroborative. with passage of time. is lost. Presence of blood or seminal stains on the clothes of the prosecutrix or the accused. Marks of violence on the person of the prosecutrix or the accused i.

Absence of smegma does not prove rape. 2. It can refute the charge of false rape. etc.4. now the researcher would lay down the effect of these findings in particular cases: 15 . 7. They are often found if the female is healthy and spirited. 5. Presence of Blood and Seminal Stains on clothes and on body especially on private parts. bite marks. 6. 5. 3. Often it is absent. 6. Injuries due to sexual act. Torn clothes Signs of venereal infection. 2.) due to resistance offered by the victim.2 MEDICAL EXAMINATION OF THE ACCUSED In case of culprit/accused medical examination is of the following types: 1. Presence of spermatozoa in vaginal secretion. 4. Presence of smegma is useful clue. Injuries (scratches. Signs of loss of virginity. Capability of the accused to perform sexual act.3 MEDICAL EVIDENCE After discussing as to what are the medical examinations that should be carried out to ascertain the crime of rape. 2. Venereal Disease.

hymen can rupture and bleed and there can be a tear on the wall of vagina. Similarly bruises of scratches about the inner side of the thighs and knees may be inflicted during attempt to abduct. Jairaj v. This is 4 As per opinion of the doctor it is not necessary that the hymen was torn in all cases. the victim and the accused. hands. on the person of both. These injuries mainly indicate the loss of virginity and that the woman is not habitual to sex. red and tender vaginal canal. internal and external. These injuries can be in the form of nail marks present on face. State of Karnataka. The conviction upheld. This method is not of much use in cases of consensual rape as there is very less possibility of injuries being caused. Marks of violence and injuries. There can bruises on the arms or neck which constitutes evidence of struggle. and multiple abrasions on both legs and on other parts of the body. swollen labia majora and labia minora. Due to struggle and resistance injuries can also be found on the body of the accused. Abrasion can also be found on prepuce. 1991(1) Crimes 278 (Karnataka). Otherwise mostly the injuries are absent as the accused is much powerful than the victim. Sometimes the hymen of girl is not torn. The position of injuries near the genitals is of quite importance. The injuries can be both external and internal. 16 . Merely because the hymen was intact or congested and not torn it cannot be said that the rape was not committed 4. Other substantial injuries on prosecutrix constitute namely painful separation of thigh. this evidence is of great importance.1. In the case of un-consensual rape there is a great possibility that injuries can be found on the person of the victim as well as that of accused due to resistance offered.

at the scene of occurrence and in the vehicle if one is used for the commission of the crime. All the clothes should be taken into possession. especially on the undergarments. 17 . The help of a doctor should be obtained to collect swabs from the affected and close-by parts of the body.based on the principle that ‘Partial penetration of the penis within the labia majora of the vulva or pudendum with or without cruission of semen or even an attempt at penetration is quite sufficient for the purposes of the law. because the stains are almost colourless and can be destroyed by washing. Semen stains are found on the persons of the victim and the culprit. on their garments. the accused is able to over-power the girl and thus injuries are not found on the body of victim or the accused. Thus these situations pose a challenge to the authority of medical evidences. But as held in many cases absence of injuries solely does not demolish the theory of rape in every case and depends on circumstances of each case. close to these parts and on the clothes. Presence of blood or seminal stains on the clothes of the prosecutrix or the accused.’5 In other cases. It is therefore quite possible to commit legally the offence of rape without producing any injury to the genitals or leaving any seminal stains. 2. 5 Modi’s Medical Jurisprudence. Visual location of semen is a difficult task. and hair suspected to carry semen stains. on the skin and hair. The victim carries semen stains on the affected parts.

in the vagina of a dead woman they persist for a longer period.—Medical Jurisprudence and Toxicology by Parikh. The culprit’s sexual organ and skin close to it may also carry seminal stains. Presence of spermatozoa in vaginal secretion Modi in his Medical Jurisprudence and Toxicology has noted that the presence of spermatozoa in the vagina after intercourse has been reported by Pollak (1943) from 30 minutes to 17 days and by Morrison (1972) upto 9 days in vagina and 12 days in the cervix.Seminal stains may be found on the flies and front parts of trousers. The presence of spermatozoa dead or alive would differ from person to person and its positive presence depends upon various circumstances. However. undergarments and on the front or back flap of the shirt of the culprit. paper or fibres to wipe off the seminal fluid. if spermatozoa are not found in the vaginal smear. 6 In law the term sexual intercourse is held to mean the slightest degree of penetration of the vulva by the penis with or without emission of semen. Pubic hair of the culprit is also likely to carry seminal stains. It may be found in his pockets or at or around the scene of occurrence. 3. its mere absence does not mean that there was no sexual intercourse6. The culprit may have used handkerchief or other loose piece of cloth. 18 . However.

4. 7 Modi’s Medical Jurisprudence. Tenth Edition. Thus in various cases presence of smegma around glans penis shows that the accused has had sexual intercourse within 24 hours. p. which means that penises of the accused have to be normal and capable of sexual intercourse. Capability of the accused to have sexual intercourse In some cases when the accused is of younger age the question arises whether he is capable to commit the crime of rape or not. 5. 303 and p. Venereal disease infection It is a well-known rule7 that in cases of rape the alleged victim and the accused persons should be specially inspected for venereal diseases. In such cases his male organ has to be developed. Presence of smegma The smegma is a natural creation of human body and absence of smegma indicates no recent sign of sexual intercourse and recent time meant within twelve hours. 19 . 6. 305.

If washed or spoiled they are left of no evidentiary value.—Harnath v. The 'reasonable medical certainty' is of utmost importance and in these cases it is of a great difficulty to reach it.4 LIMITATIONS OF MEDICAL EXAMINATION With the discussion above we have come to a conclusion that there exist several limitations to the aspect of medical examination. Sometimes even the hymen was not torn as the penetration was not complete. 20 . Some of them are: Medical examination mainly focuses upon the physical examination. seminal stains on clothes etc. It tends to determine whether there was any physical assail. presence of spermatozoa indicated semen in her genital or on her clothes is not sufficient proof of rape. Medical practitioners have taken a contrary view to the 8 In case of married woman. presence of spermatozoa and smegma respectively. AIR 1952 Ajrner 49.8 Seminal and blood traces on clothes can be found only when clothes are submitted to the examiner the condition as was after the rape. Detection of spermatozoa can be made only within one and a half week while smegma can be appropriately tested within only 24 hours. Even their presence cannot constitute rape sometimes.2. All these approaches have limitation to them. We have seen cases where there was no injury found on the person of victim or accused but still the crime of rape was established. injury on private parts. Delay in medical examination is the greatest setback to the possibility of establishing the crime of rape. State.

there were no injury marks and therefore. 9 According to the Medical Examination. there will be no question of marks of injury. but in further investigation it had been proved that the rape had been committed9.P. Available on http://www. Sevak v. 1995 Cri. State of U. This uncertainty of the medical examination has still not let it contribute to the solution of the numerous pending rape cases. the doctor could not give opinion about commission of rape. First of all she was a married woman and used to sexual intercourse. 10 21 ..asp visited on September 15.com/rapes_india.dancewithshadows. The conviction was therefore upheld. Commission of rape was proved by other prosecution witnesses.statement of prosecutrix. 2778 (All. It has been a mandatory requirement since the institution of the Code of Criminal Procedure in the year 1973. She clearly stated that she was overpowered by the accused and therefore. J.). L. but the delay of victim to reach doctor has posed the hindrance to the success of this mechanism10. 2009.

1 APPLICATION OF FORENSIC SCIENCE TO RAPE EXAMINATION Two of the sub-divisions mainly which contribute to the Criminal investigation and trials are: Criminalistics: It is the application of various sciences to answer questions relating to examination and comparison of biological evidence. This may be in relation to a crime or a civil action. evidence is processed in a crime lab. In that regard the concept is related to the notion of authentication. whereby an interest outside of a legal form exists in determining whether an object is what it purports to be. Besides its relevance to a legal system. more generally forensics encompasses the accepted scholarly or scientific methodology and norms under which the facts regarding an event. controlled substances. firearm and toolmark examination. footwear impressions.  22 . scratch marks and tire tracks). or is alleged as being. 3. FORENSIC SCIENCE EVIDENCE: A NEW EVOLVED TECHNIQUE Forensic science (often shortened to forensics) is the application of a broad spectrum of sciences to answer questions of interest to a legal system. or an artefact.3. Typically. or some other physical item (such as a corpse) are ascertained as being the case. ballistics. and other evidence in criminal investigations. impression evidence (such as fingerprints. trace evidence.

brokenskin. Specimen pubic hairs from the victim. whether the time of crime is the same as narrated by the victim. hairs. with the victim and hence with the crime. Semen stains from the body. Forensic science is of great help to determine all these questions with utmost accuracy and solve the knot of suspicion. The evidence can link the culprit. Foreign hairs and fibres on the person of the victim. Moreover forensic science also provide answers to the source of foreign-hair. hair. 3. 2. 5. are the questions to which the Forensic Science provides answers. 4. 23 . fingernail scraping containing skin. etc. Medical examination may prove that traces of semen and blood stains have been found. skin. blood from the culprit. but the question arises as to who was the actual source person. Forensic DNA analysis takes advantage of the uniqueness of an individual's DNA to answer forensic questions such as determining paternity/maternity or placing a suspect at a crime scene. spermatozoa have been discovered in vagina. Fingernail scraping which may carry fibres. Vaginal secretion and swabs for semen. Victim and accused may be tested respectively for the following evidentiary clues of forensic importance: On the person of the Victim: 1. Age of the victim often assumes a great importance in case of consensual sex. fibres and blood on the person of others.

2.. etc. from the victim. Fibres from the clothes of the victim. hairs and fibres. semen stains on the penis. Clothes worn by the culprit at the time of occurrence must be taken into possession. dirt. Vaginal fluid stains. Stains of cosmetics (lipstick. Age of the victim often assumes great importance. flora or fauna from the scene. 7. tears. from the surrounding skin should always be obtained to match the sample with that found of the clothes and body of the victim. etc. Dust. They carry stains. All clothes of the victim worn at the time of occurrence. blood stains. cream. especially in outdoor cases. They are mostly on his clothes. The fingernail scrapings may contain vaginal fluid. The doctor should collect them for further investigations. on the area around the male organ and thighs and on clothes. saliva stain from the culprit. plant material from the scene which help to corroborate the victim’s statement. They also indicate the extent of bleeding. 8. fibres. bloodstains. 5.) on the person and cosmetics. powder. Sometimes they carry dust. on pubic hair. 3. Medical evidence for the age of the victim is important. Foreign hairs—especially in the private parts and intermingled with pubic hairs. clothes. Smears from male organ from pubic hair. 4.6. consent of the victim does not have any sanctity. 24 . 6. skin. flora and fauna and their fragments and dust and dirt from the scene. 7. It should be ascertained. fibres and hair. They carry semen. On the person of the accused: 1. If the victim is less than 16 years of age. dirt.

it may be found in vagina. Or. which liquefies on exposure to atmosphere. Chemically semen is a complex mixture of organic and inorganic compounds. uric acid and zinc. is in concentrations. are proteins including enzymes. Semen may be found in liquid form. blood group factors. 25 . fructose. The technique of Electrophoresis is becoming popular for the identification of semen. incest. Enzyme.2 FORENSIC SCIENCE EVIDENCE Forensic science evidence is carried out to test the following in the respective ways: 1. acid phosphatase.) it will be found on vaginal swabs if these are taken in time. In most assaults it will be found on the clothing of one or both parties. Blood stains and seminal traces (DNA test) The test for the blood stains is mainly first the blood group test and in case of a common blood-group the DNA test. The identification of semen is important in practically every sexual case. Especially in the case when victim is a married woman or otherwise habituated to sex. choline. etc. Important constituents of semen. anus or rectum. citric acid. smears or stains. from identification point of view. which are significantly higher than those found in any other body fluid.3. so as to prove that the spermatozoa belongs to whom becomes an important requirement. found in semen. The composition varies from individual to individual. Fresh semen is a gel like fluid. when full penetration and intercourse have occurred (rape.

The shape and size of the human spermatozoon is characteristic. If the victim has hit the accused with shoes or something else the same is likely to carry hair. the presence of some individual dye. Hairs. It is called aspermic semen.Indian doctors are now suggesting that the preferential growth of certain moulds on seminal stains in hot humid conditions might even be used for identification. Mutual transfer of hairs. if hair roots are available or through mitochondrial protein analysis. contamination. Individualisation of the hair vis-à-vis its source has been. This may be due to some disease or it may be due to vasectomy operation. 26 . Semen of some persons does not contain any spermatozoon. is a classical example of Locard’s principle of mutual exchange of traces. But the morphology alone does not permit individualization. The identification of hair is not conclusive at the present stage of development except through DNA profiling. are found in a large number of criminal cases. Without these it cannot be said that the hairs in. However immunological test using anti-semen sera against seminal plasma are increasingly being accepted as reliable test for aspermic semen. In such cases this criterion for the identification of semen is lost. Hair Another possibility can arise and that is of trace of foreign hair on the clothes and body of both victim and accused. The victim may carry hair in her hand. eluding the scientist up till recently. if properly searched. in her sexual parts (in sex offences) or on her clothes. 2. due to contact. however. In extremely rare cases. question belong to a particular individual and could not come from any other person.

Fingernail scrapings may carry fibres. hairs. therefore. Bone Density Test i. especially in offences against person. normally about 10 hairs a day. the possible corroboration arid its identification. blood from the culprit. This exclusion. Every human being sheds hair. and vaginal fluid. increases. from the victim. The falling rate. it is possible to exclude some persons as the possible. Osteoporosis is the tool for age determination. skin. For age determination. however.some extraordinary defect or disease in the hair.. With various chemical and other forensic tests the source of these clues may be ascertained. It should be ascertained as if the victim is less than 16 years of age. 27 . 3. consent of the victim does not have any sanctity. sources of questioned hairs. with the new techniques. The hair evidence as corroboratory evidence is available in most of the serious cases. Determination of age Forensic evidence for the age of the victim is important. The hairs are. now. make the hair evidence one of the important pieces of physical evidence.e. 4. Fingernail scrapings The victim may scratch the accused in course of struggle. cosmetics. likely to fall at the scene. fibres. may permit individualization of the source. The science has developed so much so as to determine the age of an individual. if the person is under emotional stress such as in rape or murder attempts. etc. and in the course of this act and this may be visa versa. On the other hand. skin.

which neither the person of all the strata can afford. But the actual age can not be determined by bones only the approximate age of the individual can be. But what poses a limitation to this examination to become an effective tool to investigate rape crimes is the fact that it is not a mandatory requirement. This ranges in the extent of two year on either side. nor the government can provide these facilities on large scale due to scarcity of experts.3 LIMITATIONS OF FORENSIC SCIENCE EVIDENCE Similar to Medical Science evidences Forensic Science evidences also have some limitations. The different age ranges include prenatal. adolescence. 3. But these are of different spectrum. late childhood. Not only this some of these tests are costly and need sophisticated apparatus. young adult. 28 . and older adult. neonate. Moreover people are unaware of such mechanisms and in absence of their knowledge they are unable to avail their benefits. infants and young children.different parts of the skeleton are more useful at different age ranges. The limitations of test results have now been dealt with by the possible solutions.

The Hymen was torn. on medical examination it was found that there were bruises on the breast. red in colour. external genitalia were normal. The conviction was therefore.1 CONVICTION BASED ON EXAMINATIONS In the case of Bidhia alias Bidhi Chand v. State of Himachal Pradesh. we need to discuss the judicial trend as to acceptance of these examinations for investigation of rape.—OmPrakash v. semen found on the slide of vaginal smear and according to doctor the duration of injuries was six to 24 hours. 1985(1) Crimes 559. doctor opined that she was not used to sexual intercourse since vagina allowed two fingers with difficulty and that rupture of hymen was due to rape. JUDICIAL PRONOUNCEMENTS After discussing the tests carried out for the Medical and Forensic science investigation of the rape crimes. hymen was ruptured with no bleeding and there was no discharge from vagina and no laceration of vagina. upheld. 1987(1) Crimes 645 (Del). The researcher would discuss the view of judiciary under the following heads: 4. The doctor who examined the prosecutrix found blood mark on her cloths and vulva and a tear mark on the perineum which bled on touch. breast were fully developed. 29 . Morover there was blood stains over her cloths and a tear on the perineum. multiple abrasions over the left breast. State.4.

over which stains of semen found. State of Rajasthan. 4. In that case the appellant was charged with committing rape on a young girl. The learned Sessions Judge held that the evidence was sufficient for moral conviction but fell short of legal proof because. IPC. Even sometimes as in the following cases Supreme Court has ruled that there is no need of corroboration of the testimony of prosecutrix.—Mahesh Kumar Bheru Lal Chawada v. A1R 1952 SC 54.2 ACQUITTALS BASED ON EXAMINATIONS Frock of the prosecutrix was seized along with inner garment known as “shamiz’ and sent to chemical examiner.4. The question of corroboration has been the subject-matter of a decision of the Supreme Court in Rameshwar Kalyan Singh v. the conviction cannot be sustained. Victim girl of 16-17 years was having pregnancy of three months. 2001. TESTIMONY OF PROSECUTRIX The nature of medical evidence is merely corroborative. L. 1999(4) Crimes 224 (Patna).3 EXAMINATIONS VS. There cannot be conviction under Section 376. Merely because the semen stains were found. State of Bihar. in absence of specific circumstances showing sexual intercourse. eight years of age.— Sakaldeo Sah v. in his opinion. Sometimes even when test of examinations stood against the witness by the victim the latter was given higher importance. According to Modi’s Jurisprudence two years has to be left on either side arithmetical and other error of examination on doctor’s evidence when the girl was aged 16-17 years she was having valid consent in illegal intercourse with accused. J. the law requires 30 . 1995 Cri. State of MP.

such. that the girl had been raped by somebody. Accordingly he acquitted the accused. The learned High Court Judges were wrong in thinking that they could not. if evidence of prosecutrix was inspiring conviction of offence of rape could be based on her testimony alone. In the appeal by the State against acquittal the High Court held that the law requires corroboration in such cases but held that the girl’s statement made to her mother was sufficient corroboration and setting aside the acquittal convicted the appellant. 2008(1) Crimes 720 (P&H). State of Punjab. v. as a matter of law. The Evidence Act nowhere says so.corroboration of the story of the prosecutrix connecting the appellant with the crime. In a case of rape of married woman it was laid that conviction can be based on the believable and ‘straightforward’ evidence of the prosecutrix. In a case regarding the reliability of the evidence of prosecutrix it was held that. In the case of a girl below the age of consent. her consent will not matter. its demeanour. coupled with other circumstances appearing in the case. Babu Lal . for example. 31 . Offences against women require exemplary treatment. If she was ravished she is the victim of the outrage. A woman who has been raped is not an accomplice. The tender years of the child. may render corroboration unnecessary but that is a question of fact in every case. convict without corroboration. He was satisfied. however. absence of motive to falsely implicate the accused. 2008(1) Crimes I (SC).— State of Madhya Pradesh v.—Kuldeep Kumar Bittu and Anr. On appeal to the Supreme Court it was held: The first question is whether the law requires corroboration in these cases. unlikelihood of tutoring and so forth.

L.—Balwant Singh v. State of Punjab.A victim is expected to offer resistance causing certain injuries on her body but it cannot be laid down as a rule that whenever resistance is offered. 32 . J. AIR 1987 SC 1080: 1987(2) SCC 27: 1987 Cri. marks of violence on her body cannot be expected. there must be some injuries. 971. Thus where a girl of about 19 years was raped by four persons.

Available on http://infochangeindia. RELEVANCY OF MEDICAL AND FORENSIC SCIENCE EVIDENCE These evidences are basically of corroborative nature as the evidence given by the medical officer is really of an advisory character11 given on the basis of the symptoms found on examination12. he may speak. the year from which data for rape cases has been collected by the National Crime 11 The evidence of a medical man or other skilled witnesses. however. State of Orissa. confidently. The expert witness is expected to put before the court all materials inclusive of the data which induced him to came to the conclusion and enlighten the court on the technical aspect of the case by explaining the terms of science so that the court although. 2009. canceling the medical opinion and upholding the prosecutrix witness when they both spoke against each other.5. however. there has been a phenomenal eight-fold i. The medical jurisprudence is not an exact science. Section 45.— Pratap Mishra v. Though Forensic science evidences have served better than medical examinations but their use is extremely limited. 12 13 33 . Moreover we have seen that in many cases the evidence and statement of the prosecutrix has a greater weightage than that of the medical evidence13 with their limitations. 678% increase in the number of rapes committed in India since 1971. Apart from this when we look at the criminal statistics. Only in the cases of un-consensual sex they serve to be of greater help not in act of consensual rape cases. not an expert may form its own judgment on those materials after giving due regard to the experts opinion because once the experts opinion is accepted. eminent. as to what he thinks may or may not have taken place under particular circumstances.org/200601016316/Women/Judicial-Interventions-andWomen/Raped-woman-s-testimony-overrides-medical-evidence.html visited on September 20.e. The Indian Evidence Act. 1872. is ordinarily a matter of mere opinion. it is not the opinion of the medical officer but the court. Moreover in many cases court has given an overriding decision. AIR 1977 SC 1307.

the complaints are handled roughly and are not given the attention as are warranted in the nature of offence. two years after which the medical examination of rape victim was made compulsory. 2009.Records Bureau (NCRB)14. Available on www. If the victims are brought for examination at the right time there is no hindrance to these examinations. The victim is humiliated twice. 14 Available on http://timesofindia.html September 21. It is due to the defects in existing system to secure justice for rape victims17.15 These tests have not even contributed to increase the rate of conviction of rape accused.com/latest-news/Its-official-India-3rd-worst-offender-in-rapecases/396269/ September 24. Despite of their limitations medical and forensic science evidence have served to be of great importance.cms visited on September 20. when it comes to rape cases. just there are small limitations. Available on http://www. by the accused and second by the police and so on. Union of India. rather it is the fear of humiliation by society and police that stops a girl to come and report the atrocity done upon her. as data of the Union Home Ministry suggested for the year 2008 with 8.— Delhi Domestic Women’s Forum v. Held. leaving behind countries like Sri Lanka. 15 16 17 34 . It still lies as low as 4%.indiatimes. First. With this India stands third.359 rape cases being registered in India in only the first three quarters of the year.com/doc/1G1-113822185.expressindia. 2009.highbeam. The victims often say the ordeal to be even worse than the rape itself. It is not their drawback that the crime is not detected. 2009.com/india/Rape-cases-in-India-jump-678-since-1971NCRB/articleshow/2678015.16 Whatever is said still these examinations serve as the best source of evidence to the crime of rape. 1994(3) Crimes 597 (SC). Jordan and Argentina.

Moreover in many cases when the prosecution case stood against the medical and forensic opinion. It is in this context. The barbaric. torturous and slow-pace investigations have no place in today’s society.e. must be made available in as much extent as its counterpart. These mechanisms are detection tools and they cannot be put to use until the crime is reported and that also within proper duration. which are far more accurate. interrogation. The only way to turn is the developing science. development of sources and surveillance to detect the crime. And this is because of the defects in existing system to secure justice for rape victims. After conducting research the researcher has found out the hypothesis to be partially true. The age old means of investigation i. 35 . It is in exceptional cases and mainly delayed cases that discrepancy is found otherwise they are the best investigating tools. Medical and Forensic Science have found their importance. The suggestion researcher would like to provide is that this mechanism is not gaining progress only for the reason that the cases are not reported on time.6. hostile procedures and police. Moreover these techniques have certain limitations to them and thus lack reasonable medical certainty. Despite all these limitations in absence of these tools there would be no means to detect the crime. CONCLUSION AND SUGGESTION The first hypothesis drawn by the researcher was that the Medical and Forensic Science Evidences find the utmost place in the investigation of the crime of rape and ascertaining its occurrence. evidence of prosecutrix has been admitted. Moreover the Forensic Science examination techniques.

Well this hypothesis has crashed down by looking at the statistics of the union ministry in the year 2008. Thus the research has been a success as the researcher has been able to detect the questions which were kept in the beginning of the study. 36 . The suggestion provide by the researcher seems to be the only way to curb this menace of rape.The second hypothesis was that these examinations have a high success rate and thus have led to higher conviction statistics.

L. 2nd Edition. 22nd ed. Sharma B.307:817-18 37 . 3. Allahabad: Central Law Agency.S. Delhi: Vinod Publications (P) Ltd. 92(8): 388–392. Vinod Nijhawan (2008). 2. Modi's Medical jurisprudence and toxicology. BX Subrahmanyam (1999). Medical Science Helping the Process of Criminal Law. Nabbar (2007). Kirk P.Crime investigation. (1974). Can Med Assoc J. New York: John Wiley and Sons Inc. 4. New Delhi: Butterworths India. Hyderabad: Asia Law House. 5. Forensic Science in Criminal Investigation. B. Shepherd JP (1993).R. Journals: 1. J R Soc Med. Forensic Science in Criminal Investigation and Trials. 1999 August. 81(5): 407–408. 1959 September 1.BIBLIOGRAPHY: Books: 1. (1974). 3. Presenting expert evidence in criminal proceedings. BMJ. 2.

1882. 2009. 5.nih. Available on http://www.Governments. 2009. 7.gov/pmc/articles/PMC1297312/ visited on August 26. 3.google.com visited last on September 28.expressindia. Available on http://www.com/rapes_india.ncbi. Available on http://www. 2009. Available on http://www. 2009.dancewithshadows. Code of Criminal Procedure.html September 21. 2009. Available on http://infochangeindia. 2009.org/200601016316/Women/Judicial- Interventions-and-Women/Raped-woman-s-testimony-overrides-medicalevidence. 9. Web Sites: 1. 4.com/india/Rape-cases-in-India- jump-678-since-1971-NCRB/articleshow/2678015. 8. 2009. 1860. 3.html visited on September 20. 2009.wekipedia.manupatra. 2009. Available on http://www.com/doc/1G1-113822185. 2.com visited on September 4. Available on http://www.cms visited on September 20. Available on www. 38 . Indian Evidence Act. legislations 1. Indian Penal Code. 2.com/latest-news/Its-official-India-3rdworst-offender-in-rape-cases/396269/ September 24.com visited on September 3. Available on http://timesofindia.highbeam.indiatimes. 1973. 6.nlm.asp visited on September 15.

AIR 1977 SC 1307. Sevak v. J. 9. 2001. 2008(1) Crimes I (SC). Kuldeep Kumar Bittu and Anr. 1994(3) Crimes 597 (SC). Rameshwar Kalyan Singh v. Union of India. L. 2008(1) Crimes 720 (P&H). 10. State of MP. AIR 1987 SC 1080: 1987(2) SCC 27: 1987 Cri. 1995 Cri. 39 . OmPrakash v. State of Madhya Pradesh v. 1995 Cri.P. 7. Pratap Mishra v. v. 2778 (All. State of Rajasthan. J. State. State of Himachal Pradesh. 971. State. A1R 1952 SC 54. 6.. 4. Harnath v. 1985(1) Crimes 559 5. Bidhia alias Bidhi Chand v. State of Punjab. Babu Lal. 8. Balwant Singh v. 1987(1) Crimes 645 (Del). Mahesh Kumar Bheru Lal Chawada v.). 11. AIR 1952 Ajrner 49 2. J. 3. Delhi Domestic Women’s Forum v. L.Case Laws: Some of the most important case laws: 1. L. State of Orissa. State of Punjab. State of U.

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