on the topic of
Submitted by
Sneha Singh
1
INDEX
CHAPTER 1: INTRODUCTION...................................
2
4.3 Examinations vs. Testimony of Prosecutrix
BIBILOGRAPY
3
1. 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. The research
will evaluate the importance and relevancy of these evidences in detection of crime.
Down the ages right from Rani Lakshmi Bai, Indira Gandhi to the present day, women
have brought glory and pride to the country. Today they excel in all the fields to
officer and now the President of the country; women are marching their steps along
with their male counterparts. 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.
But what is happening is just reverse of what is actually expected. The expectations
are blown to smithereens when women become the object of lust and their modesty
Cases like Narodia Patia, Bijal Joshi to Nithari Mass-murder are enough to send
shiver down the spine of any right thinking citizen. Animal does not rape. It is only
human beings, who are created in the image of God as the scripture teaches us, who
4
Rape is a crime not only against the woman concerned but also against the whole
society. 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. Strict
legislation and prompt action by the law enforcing agencies will certainly help in
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. The effects of
Rape are not only physical but also mental and psychological.
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, with disruption of
concentration, sleeping patterns and eating habits. After being raped it is common for
the victim to experience Acute Stress Disorder, including symptoms similar to those
and they may find it hard to deal with their memories of the event. The shock and
shame may prevent the victim from revealing their ordeal to friends or family, or
The conditions may be so acute that many of the victims commit suicide after rape
5
1.2 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’. 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
Section 375 of Indian Penal Code, 1860 lays down the meaning of rape. Section 375,
375. Rape.
A man is said to commit "rape" who, except in the case hereinafter excepted, has
sexual intercourse with a woman under circumstances falling under any of the six
following descriptions: -
Thirdly: - With her consent, when her consent has been obtained by putting her or
Fourthly: -With her consent, when the man knows that he is not her husband, and that
her consent is given because she believes that he is another man to whom she is or
Fifthly: - With her consent, when, at the time of giving such consent, by reason of
6
through another of any stupefying or unwholesome substance, she is unable to
understand the nature and consequences of that to which she gives consent.
Sixthly: - With or without her consent, when she is under sixteen years of age.
Exception: -Sexual intercourse by a man with his wife, the wife not being under
Interpretation of Provision
In simple non-legal words rape means sexual intercourse with a female (other than his
1. The female is not willing (even when the female is prostitute or is habituated
to sex).
7. When the victim is young - below the age specified in law - (16 years), even
8. Penetration of male organ into the female parts incurs the offence.
But these provisions are of no help if the proper evidences are not traced.
7
1.3 SOURCES OF EVIDENCES
The charge of rape is easy to level against a person but difficult to prove. The number
of cases is increasing and it is bound to increase further because of the changing social
evidence (and hence scientific evidence) is available. As the culprit and the victim
come in close contact, there is plenty of exchange of traces. If the case is handled
Both, the victim and the culprit carry important evidences. This evidence is medical
EVIDENCE
Medical Examination of the victim had always been a mandatory requirement1 for the
establishment of the crime of rape. And now after the insertion of Section 53-A2 in Cr.
has also become an important requirement. 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. It is also useful to find out traces of semen, blood and
other body fluids on the clothes and bodies of both victim and culprit.
1
S 53, Code of Criminal Procedure, 1973.
2
53A. Examination of person accused of rape by medical practitioner.
8
Now application of forensic science evidence comes in play to detect the source-
hair, fibres and blood on the person of others. Age of the victim often assumes a great
all these questions with utmost accuracy and solve the knot of suspicion.
We would now study the application of these evidences to investigation and their
9
1.5 NATURE AND SCOPE OF THE STUDY
The present research is purely academic in nature i.e. a doctrinal and analytical study
of the medical and forensic science evidences to ascertain the commission of rape and
their relevance.
The study is not exhaustive, but is only an attempt to understand the underlying
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
1.6 OBJECTIVES OF THE STUDY:
In view of the foregoing discussion, the main purpose of the present work is to
the crime. Keeping in view this aim, the researcher has analyzed the application of the
medical and forensic science evidences to investigation of the Rape and throwing a
The main focus of the study is to determine the importance of above mentioned
Other underlying object is to construe that whether they have served the purpose of
11
1.7 HYPOTHESIS:
The focal points and assumptions are normally available through the formulation of
literature, 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
1. The Medical and Forensic Science Evidences find the utmost place in the
2. These examinations have a high success rate and thus have led to higher
conviction statistics.
12
1.8 RESEARCH METHODOLOGY:
The present research study is mainly a doctrinal and analytical. Keeping this in view,
As the study is analytical- academic in nature, historical and doctrinal methods are
For the research the relevant material is collected from the secondary sources.
Materials and information are collected both legal and political sources like books on
Medical Science and Forensic Science by eminent authors like Vinod Nijhawan, etc.
are also referred. Material is also collected from print and electronic media like
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.
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.
13
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. The
charge of rape is easy to level against a person but difficult to prove. 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.
The victim bears important medical evidence, which, with passage of time, is lost.
The examination of the victim should, therefore, be carried at the earliest. Consent of
the victim is essential. The doctor should be qualified and experienced. The medical
presence of a female.
more than corroborative. It is very rare that medical cases are tried without medical
evidence. Medical evidence in cases of rape may be from the following sources:
accused,
3
Section 53 and Section 53-A, respectively of Code of Criminal Procedure, 1973.
14
4. Torn clothes
2. Injuries (scratches, bite marks, etc.) due to resistance offered by the victim.
private parts.
4. Presence of smegma is useful clue. It can refute the charge of false rape.
6. Venereal Disease.
After discussing as to what are the medical examinations that should be carried out to
ascertain the crime of rape, now the researcher would lay down the effect of these
15
1. Marks of violence and injuries, internal and external, on the person of
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. This
method is not of much use in cases of consensual rape as there is very less possibility
The injuries can be both external and internal. The position of injuries near the
genitals is of quite importance. There can bruises on the arms or neck which
constitutes evidence of struggle. Similarly bruises of scratches about the inner side of
the thighs and knees may be inflicted during attempt to abduct. Other substantial
majora and labia minora, red and tender vaginal canal, hymen can rupture and bleed
and there can be a tear on the wall of vagina. These injuries mainly indicate the loss of
virginity and that the woman is not habitual to sex, this evidence is of great
importance.
Due to struggle and resistance injuries can also be found on the body of the accused.
These injuries can be in the form of nail marks present on face, hands, and multiple
abrasions on both legs and on other parts of the body. Abrasion can also be found on
prepuce. Otherwise mostly the injuries are absent as the accused is much powerful
Sometimes the hymen of girl is not torn. Merely because the hymen was intact or
congested and not torn it cannot be said that the rape was not committed 4. This is
4
As per opinion of the doctor it is not necessary that the hymen was torn in all cases. The conviction
upheld. Jairaj v. State of Karnataka, 1991(1) Crimes 278 (Karnataka).
16
based on the principle that ‘Partial penetration of the penis within the labia majora of
penetration is quite sufficient for the purposes of the law. It is therefore quite possible
to commit legally the offence of rape without producing any injury to the genitals or
In other cases, 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
accused.
Visual location of semen is a difficult task, because the stains are almost colourless
Semen stains are found on the persons of the victim and the culprit, on their garments,
at the scene of occurrence and in the vehicle if one is used for the commission of the
crime.
The victim carries semen stains on the affected parts, on the skin and hair, close to
these parts and on the clothes, especially on the undergarments. All the clothes should
be taken into possession. The help of a doctor should be obtained to collect swabs
from the affected and close-by parts of the body, and hair suspected to carry semen
stains.
5
Modi’s Medical Jurisprudence.
17
Seminal stains may be found on the flies and front parts of trousers, undergarments
and on the front or back flap of the shirt of the culprit. The culprit may have used
handkerchief or other loose piece of cloth, paper or fibres to wipe off the seminal
The culprit’s sexual organ and skin close to it may also carry seminal stains. Pubic
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. However, in the vagina of a dead woman they persist for a longer period.
The presence of spermatozoa dead or alive would differ from person to person and its
However, if spermatozoa are not found in the vaginal smear, its mere absence does
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.—Medical Jurisprudence and Toxicology by Parikh.
18
4. Venereal disease infection
It is a well-known rule7 that in cases of rape the alleged victim and the accused
5. 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.
Thus in various cases presence of smegma around glans penis shows that the accused
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. In such cases his male organ has to be
developed, which means that penises of the accused have to be normal and capable of
sexual intercourse.
7
Modi’s Medical Jurisprudence, Tenth Edition, p. 303 and p. 305.
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2.4 LIMITATIONS OF MEDICAL EXAMINATION
With the discussion above we have come to a conclusion that there exist several
determine whether there was any physical assail, injury on private parts, presence of
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. Sometimes even the hymen was not torn as the penetration was not
complete.
the crime of 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
Seminal and blood traces on clothes can be found only when clothes are submitted to
the examiner the condition as was after the rape. If washed or spoiled they are left of
no evidentiary value.
great difficulty to reach it. Medical practitioners have taken a contrary view to the
8
In case of married woman, presence of spermatozoa indicated semen in her genital or on her clothes
is not sufficient proof of rape.—Harnath v. State, AIR 1952 Ajrner 49.
20
statement of prosecutrix, but in further investigation it had been proved that the rape
This uncertainty of the medical examination has still not let it contribute to the
solution of the numerous pending rape cases. It has been a mandatory requirement
since the institution of the Code of Criminal Procedure in the year 1973, but the delay
of victim to reach doctor has posed the hindrance to the success of this mechanism10.
9
According to the Medical Examination, there were no injury marks and therefore, the doctor could
not give opinion about commission of rape. First of all she was a married woman and used to sexual
intercourse. She clearly stated that she was overpowered by the accused and therefore, there will be
no question of marks of injury. Commission of rape was proved by other prosecution witnesses. The
conviction was therefore upheld. Sevak v. State of U.P., 1995 Cri. L. J. 2778 (All.).
10
Available on http://www.dancewithshadows.com/rapes_india.asp visited on September 15, 2009.
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3. FORENSIC SCIENCE EVIDENCE: A NEW EVOLVED
TECHNIQUE
a crime or a civil action. Besides its relevance to a legal system, more generally
under which the facts regarding an event, or an artefact, or some other physical item
(such as a corpse) are ascertained as being the case. In that regard the concept is
EXAMINATION
Two of the sub-divisions mainly which contribute to the Criminal investigation and
trials are:
marks and tire tracks), controlled substances, ballistics, firearm and toolmark
22
Forensic DNA analysis takes advantage of the uniqueness of an individual's
Medical examination may prove that traces of semen and blood stains have been
found, spermatozoa have been discovered in vagina, but the question arises as to who
was the actual source person, whether the time of crime is the same as narrated by the
victim, etc. are the questions to which the Forensic Science provides answers.
Moreover forensic science also provide answers to the source of foreign-hair, broken-
skin; fingernail scraping containing skin, hair, fibres and blood on the person of
others. Age of the victim often assumes a great importance in case of consensual sex.
Forensic science is of great help to determine all these questions with utmost accuracy
Victim and accused may be tested respectively for the following evidentiary clues of
forensic importance:
5. Fingernail scraping which may carry fibres, hairs, skin, blood from the
culprit. The evidence can link the culprit, with the victim and hence with the
crime.
23
6. Age of the victim often assumes great importance. Medical evidence
for the age of the victim is important. It should be ascertained. If the victim is less
than 16 years of age, consent of the victim does not have any sanctity.
7. All clothes of the victim worn at the time of occurrence. They carry
semen, fibres and hair, blood stains, saliva stain from the culprit. They also
8. Sometimes they carry dust, dirt, plant material from the scene which
hair, on the area around the male organ and thighs and on clothes. Smears from
male organ from pubic hair, from the surrounding skin should always be obtained
to match the sample with that found of the clothes and body of the victim.
pubic hairs. The doctor should collect them for further investigations.
3. Fibres from the clothes of the victim. They are mostly on his clothes.
clothes.
6. Dust, dirt, flora or fauna from the scene, especially in outdoor cases.
into possession. They carry stains, tears, hairs and fibres, flora and fauna and their
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3.2 FORENSIC SCIENCE EVIDENCE
Forensic science evidence is carried out to test the following in the respective ways:
The test for the blood stains is mainly first the blood group test and in case of a
most assaults it will be found on the clothing of one or both parties; when full
penetration and intercourse have occurred (rape, incest, etc.) it will be found on
Semen may be found in liquid form, smears or stains. Or, it may be found in vagina,
anus or rectum. Fresh semen is a gel like fluid, which liquefies on exposure to
proteins including enzymes, blood group factors, choline, fructose, citric acid, uric
significantly higher than those found in any other body fluid. The technique of
25
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.
The shape and size of the human spermatozoon is characteristic. But the morphology
Semen of some persons does not contain any spermatozoon. It is called aspermic
semen. This may be due to some disease or it may be due to vasectomy operation. In
such cases this criterion for the identification of semen is lost. However
immunological test using anti-semen sera against seminal plasma are increasingly
2. 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, in her sexual
parts (in sex offences) or on her clothes. If the victim has hit the accused with shoes or
something else the same is likely to carry hair. Mutual transfer of hairs, due to contact,
Individualisation of the hair vis-à-vis its source has been, however, eluding the
scientist up till recently. The identification of hair is not conclusive at the present
stage of development except through DNA profiling, if hair roots are available or
through mitochondrial protein analysis. Without these it cannot be said that the hairs
in. question belong to a particular individual and could not come from any other
person. In extremely rare cases, the presence of some individual dye, contamination,
26
some extraordinary defect or disease in the hair, however, may permit
On the other hand, it is possible to exclude some persons as the possible. sources of
questioned hairs. This exclusion, the possible corroboration arid its identification,
now, with the new techniques, make the hair evidence one of the important pieces of
the serious cases, especially in offences against person. Every human being sheds
hair, normally about 10 hairs a day. The falling rate, if the person is under emotional
stress such as in rape or murder attempts, increases. The hairs are, therefore, likely to
3. Fingernail scrapings
The victim may scratch the accused in course of struggle, and in the course of this act
and this may be visa versa. Fingernail scrapings may carry fibres, hairs, skin, blood
from the culprit, and vaginal fluid, skin, fibres, cosmetics, etc., from the victim.
With various chemical and other forensic tests the source of these clues may be
ascertained.
4. Determination of age
Forensic evidence for the age of the victim is important. It should be ascertained as if
the victim is less than 16 years of age; consent of the victim does not have any
sanctity.
The science has developed so much so as to determine the age of an individual. Bone
Density Test i.e. Osteoporosis is the tool for age determination. For age determination,
27
different parts of the skeleton are more useful at different age ranges. The different
age ranges include prenatal, neonate, infants and young children, late childhood,
But the actual age can not be determined by bones only the approximate age of the
individual can be. This ranges in the extent of two year on either side.
Similar to Medical Science evidences Forensic Science evidences also have some
limitations. But these are of different spectrum. The limitations of test results have
investigate rape crimes is the fact that it is not a mandatory requirement. Moreover
people are unaware of such mechanisms and in absence of their knowledge they are
Not only this some of these tests are costly and need sophisticated apparatus, which
neither the person of all the strata can afford, nor the government can provide these
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4. JUDICIAL PRONOUNCEMENTS
After discussing the tests carried out for the Medical and Forensic science
investigation of the rape crimes, we need to discuss the judicial trend as to acceptance
of these examinations for investigation of rape. The researcher would discuss the view
In the case of Bidhia alias Bidhi Chand v. State of Himachal Pradesh, 1985(1)
Crimes 559, on medical examination it was found that there were bruises on the
breast, breast were fully developed, multiple abrasions over the left breast, red in
colour, external genitalia were normal; hymen was ruptured with no bleeding and
there was no discharge from vagina and no laceration of vagina; semen found on the
slide of vaginal smear and according to doctor the duration of injuries was six to 24
hours; 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.
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. The Hymen was torn. Morover
there was blood stains over her cloths and a tear on the perineum. The conviction was
29
4.2 ACQUITTALS BASED ON EXAMINATIONS
Frock of the prosecutrix was seized along with inner garment known as “shamiz’ and
sent to chemical examiner, over which stains of semen found. Merely because the
Victim girl of 16-17 years was having pregnancy of three months. 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. There cannot be conviction
under Section 376, IPC.— Sakaldeo Sah v. State of Bihar, 1999(4) Crimes 224
(Patna).
following cases Supreme Court has ruled that there is no need of corroboration of the
testimony of prosecutrix. Sometimes even when test of examinations stood against the
Supreme Court in Rameshwar Kalyan Singh v. State of Rajasthan, A1R 1952 SC 54.
In that case the appellant was charged with committing rape on a young girl, eight
years of age. The learned Sessions Judge held that the evidence was sufficient for
moral conviction but fell short of legal proof because, in his opinion, the law requires
30
corroboration of the story of the prosecutrix connecting the appellant with the crime.
He was satisfied, however, that the girl had been raped by somebody.
Accordingly he acquitted the accused. 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. On appeal to the Supreme Court it was held: The
first question is whether the law requires corroboration in these cases. The Evidence
Act nowhere says so. A woman who has been raped is not an accomplice. If she was
ravished she is the victim of the outrage. In the case of a girl below the age of consent,
her consent will not matter. The learned High Court Judges were wrong in thinking
that they could not, as a matter of law, convict without corroboration. The tender
years of the child, coupled with other circumstances appearing in the case, such, for
unlikelihood of tutoring and so forth, may render corroboration unnecessary but that is
In a case regarding the reliability of the evidence of prosecutrix it was held that, if
her testimony alone.—Kuldeep Kumar Bittu and Anr. v. State of Punjab, 2008(1)
In a case of rape of married woman it was laid that conviction can be based on the
Crimes I (SC).
31
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, there must be some
injuries. Thus where a girl of about 19 years was raped by four persons, marks of
32
5. 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. 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, 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, it is not the opinion of the medical officer but the court. Moreover
in many cases court has given an overriding decision, canceling the medical opinion
and upholding the prosecutrix witness when they both spoke against each other.
Only in the cases of un-consensual sex they serve to be of greater help not in act of
consensual rape cases. 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. Though Forensic science evidences have served
Apart from this when we look at the criminal statistics, there has been a phenomenal
eight-fold i.e. 678% increase in the number of rapes committed in India since 1971,
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, eminent, as to what he thinks
may or may not have taken place under particular circumstances, however, confidently, he may
speak, is ordinarily a matter of mere opinion. The medical jurisprudence is not an exact science.—
Pratap Mishra v. State of Orissa, AIR 1977 SC 1307.
12
Section 45; The Indian Evidence Act, 1872.
13
Available on http://infochangeindia.org/200601016316/Women/Judicial-Interventions-and-
Women/Raped-woman-s-testimony-overrides-medical-evidence.html visited on September 20, 2009.
33
Records Bureau (NCRB)14, two years after which the medical examination of rape
victim was made compulsory. With this India stands third, leaving behind countries
like Sri Lanka, Jordan and Argentina, when it comes to rape cases, as data of the
Union Home Ministry suggested for the year 2008 with 8,359 rape cases being
These tests have not even contributed to increase the rate of conviction of rape
Whatever is said still these examinations serve as the best source of evidence to the
crime of rape. It is not their drawback that the crime is not detected, rather it is the
fear of humiliation by society and police that stops a girl to come and report the
atrocity done upon her. It is due to the defects in existing system to secure justice for
rape victims17. If the victims are brought for examination at the right time there is no
hindrance to these examinations, just there are small limitations. Despite of their
importance.
14
Available on http://timesofindia.indiatimes.com/india/Rape-cases-in-India-jump-678-since-1971-
NCRB/articleshow/2678015.cms visited on September 20, 2009.
15
Available on http://www.expressindia.com/latest-news/Its-official-India-3rd-worst-offender-in-rape-
cases/396269/ September 24, 2009.
16
Available on www.highbeam.com/doc/1G1-113822185.html September 21, 2009.
17
Held, the complaints are handled roughly and are not given the attention as are warranted in the
nature of offence. The victim is humiliated twice. First, by the accused and second by the police and
so on. The victims often say the ordeal to be even worse than the rape itself.— Delhi Domestic
Women’s Forum v. Union of India, 1994(3) Crimes 597 (SC).
34
6. 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. The age old means of investigation i.e. interrogation,
development of sources and surveillance to detect the crime. The barbaric, torturous
and slow-pace investigations have no place in today’s society. The only way to turn is
the developing science. It is in this context, Medical and Forensic Science have found
their importance. After conducting research the researcher has found out the
hypothesis to be partially true. These mechanisms are detection tools and they cannot
be put to use until the crime is reported and that also within proper duration. Moreover
these techniques have certain limitations to them and thus lack reasonable medical
certainty. Moreover in many cases when the prosecution case stood against the
medical and forensic opinion, evidence of prosecutrix has been admitted. Despite all
these limitations in absence of these tools there would be no means to detect the
crime. It is in exceptional cases and mainly delayed cases that discrepancy is found
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. And this is
because of the defects in existing system to secure justice for rape victims, hostile
procedures and police. Moreover the Forensic Science examination techniques, which
are far more accurate, must be made available in as much extent as its counterpart.
35
The second hypothesis was that these examinations have a high success rate and thus
have led to higher conviction statistics. Well this hypothesis has crashed down by
looking at the statistics of the union ministry in the year 2008. The suggestion provide
by the researcher seems to be the only way to curb this menace of rape.
Thus the research has been a success as the researcher has been able to detect the
36
BIBLIOGRAPHY:
Books:
5. Kirk P.L. (1974).Crime investigation, 2nd Edition, New York: John Wiley and
Sons Inc.
Journals:
BMJ;307:817-18
37
Governments, legislations
Web Sites:
6. Available on http://infochangeindia.org/200601016316/Women/Judicial-
Interventions-and-Women/Raped-woman-s-testimony-overrides-medical-
7. Available on http://timesofindia.indiatimes.com/india/Rape-cases-in-India-
20, 2009.
8. Available on http://www.expressindia.com/latest-news/Its-official-India-3rd-
2009.
38
Case Laws:
3. Delhi Domestic Women’s Forum v. Union of India, 1994(3) Crimes 597 (SC).
4. Bidhia alias Bidhi Chand v. State of Himachal Pradesh, 1985(1) Crimes 559
6. Mahesh Kumar Bheru Lal Chawada v. State of MP, 1995 Cri. L. J. 2001.
8. Kuldeep Kumar Bittu and Anr. v. State of Punjab, 2008(1) Crimes 720 (P&H).
10. Balwant Singh v. State of Punjab, AIR 1987 SC 1080: 1987(2) SCC 27: 1987
Cri. L. J. 971.
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