Law and Medicine

Medico-Legal aspects with reference to sexual assault

PROJECT SUBMITTED IN PARTIAL FULLFILLMENT OF THE

PARTH LAKHANI

TYLLB

SEMESTER -6

DIVISION - B

ROLL NO 16

UNDER THE SUPERVISION

1
INDEX:

Sr.no Particulars

1. Introduction

2. Objectives

3. Case Laws

4. Conclusion

5. Biblogrphy

2
 Introduction

A Medico-Legal Case (MLC) can be defined as a case of injury or ailment, etc., in which
investigations by the law-enforcing agencies are essential to fix the responsibility regarding
the causation of the injury or ailment. It may be a legal case requiring medical expertise when
brought by the police for examination. In this article we shall discuss medico-legal aspect of
sexual assault.

List of Medico-Legal Cases:

 All cases of injuries and burns -the circumstances of which suggest commission of an offense
by somebody. (Irrespective of suspicion of foul play)
 All vehicular, factory or other unnatural accident cases specially when there is a likelihood of
patient’s death or grievous hurt.
 Cases of suspected or evident sexual assault.
 Cases of suspected or evident criminal abortion.
 Cases of unconsciousness where its cause is not natural or not clear.
 All cases of suspected or evident poisoning or intoxication.
 Cases referred from a court or otherwise for age estimation.
 Cases brought dead with improper history creating suspicion of an offense.
 Cases of suspected self-infliction of injuries or attempted suicide.
 Any other case not falling under the above categories but has legal implications

Medical professionals are often unsure of the course of action in medico-legal cases. Thus,
they are rather reluctant to attend to cases of accident for fear of being involved in
unnecessary litigation later on. Even in cases of serious accidents, medical professionals
hesitate to offer help, sometimes resulting in patient’s death. The first question that arises in
such cases is whether any medical man can be forced to accept an accident victim. The
answer to this till some time back was very clear. The doctor could choose patients according
to his own will.

In Parmananda Katara Vs Union of India, AIR 1989 SC 2039 case, the apex court held
that every doctor is bound to provide medical aid to the victims irrespective of the cause of
injury; he cannot take any excuse of allowing law to take its course. Hence, if now a doctor
refuses treatment, in case of emergency, he/she could be sued under the law. Once the doctor
accepts the case and starts treatment, then the doctor-patient relationship is established.

The doctor or hospital is required to examine a victim of rape if she reports to the hospital
directly, and voluntarily, without a police requisition.

3
Objectives
Medico-Legal Aspect of Sexual Assault:

Section 375 of the Indian Penal Code defines the term “Rape” as follows:

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:

(First) — Against her will.

(Secondly) —Without her consent.

(Thirdly) — 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.

(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 believes
herself to be law¬fully married.

(Fifthly) — With her consent, when, at the time of giving such consent, by reason of
unsoundness of mind or intoxication or the administration by him personally or through
another of any stupe¬fying 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.

Explanation: Penetration is sufficient to constitute the sexual intercourse necessary to the

Object of Rape Evaluation Test:

Victims of alleged Sexual offences like rape may be brought for the medical examination by
police, or by order of a court, or the victim may come on their own. In the event the victim
comes directly, the police will be informed and necessary action will be taken to register a
case. The objects of medical examination are as follows:

Medical assessment and treatment of injuries and assessment, treatment, and prevention of
pregnancy and Sexually transmitted diseases (STDs)

Collection of forensic evidence;

Psychological evaluation;

4
Psychological support;

Prepare reports required under the law.

The principal features of the examination are:

Primary data;

Physical Examination and mental condition;

Signs of struggle on clothes and body;

Local examination of the genitals.

Medico Legal Aspect of Sexual Assault with Reference to Victim:

Section 53(5) of the CrPC talks about examination of a female victim, which should be done
by or under the supervision of a female doctor.
Section 164(A) CrPC explains the legal requirements for medical examination of a victim of
rape. One of the main elements of this is that the consent of the victim is mandatory and
should be part of the report.

The Section provides for a medical examination of the victim of rape by a registered medical
practitioner. It also provides that when no woman doctor is available, there is no bar against a
male doctor carrying out the examination, if the victim consents. Though getting the
examination done by a woman doctor is ideal, the law does not mandate it, keeping in mind
that a medical examination should not be postponed because of an extreme situation such as
the want of a female doctor.

The same section mandates that a medical examination must be carried out within 24 hours of
the police receiving information, thus recognizing this as a medico legal emergency and
putting a timeframe for the investigating officer.

The report shall state precisely the reasons for each conclusion arrived at. The exact time of
commencement and completion of the examination shall also be noted in the report. The
registered medical practitioner shall, without delay, forward the report to the investigating
officer, who shall forward it to the Magistrate referred to in section 173 of Cr. P. C. as part of
the documents referred to in clause (a) of sub-section (5) of that section.

Medico Legal Aspect of Sexual Assault with Reference to Accused:

Section 53A of the CrPC provides for a detailed medical examination of a person accused of
an offence of rape or an attempt to commit rape. A detailed medical examination is to be
carried out by a registered medical practitioner (only allopathic doctors registered under the
MCI) employed in a hospital run by government or local authority – and in the absence of
such a practitioner within the radius of 16 km from the place where the offence has been
committed, by any registered medical practitioner acting on the request of a police officer not
below the rank of a sub inspector.

5
The medical examination should be carried out without any delay and a “reasoned” report be
prepared recording the name and address of the accused, the person by whom he was
brought, the age of the accused, marks of injury if any, a description of materials collected
from the accused for DNA profiling, other material particulars in reasonable detail, and the
exact time of commencement and completion of examination. The report should be
forwarded without any delay to the investigating officer who in turn shall forward it to the
magistrate concerned.

The report shall state precisely the reasons for each conclusion arrived at. The exact time of
commencement and completion of the examination shall also be noted in the report. The
registered medical practitioner shall, without delay, forward the report to the investigating
officer, who shall forward it to the Magistrate referred to in section 173 of Cr. P. C. as part of
the documents referred to in clause (a) of sub-section (5) of that section.

Where the accused in a case of sexual offence in police custody is brought for medical
examination, consent is not required. Samples may be collected and handed over to the police
for forensic examination.

SAFE Kit:

The kit was developed in Chicago in the mid-1970s by Louis Vittulo, in order to provide a
more uniform protocol for evidence collection after sexual assaults. For years, the
standardized tool was referred to as a Vitullo kit. Today it is colloquially referred to as a rape
test kit or a rape kit, which is used interchangeably to refer to the specific evidence that is
obtained through the use of the rape kit. Other terms and abbreviations used are sexual assault
kit (SAK), a sexual assault forensic evidence kit (SAFE), sexual assault evidence collection
kit (SAECK) and PERK (Physical Examination Recovery Kit).

A SAFE kit consists of small boxes, swabs, microscope slides, sterile containers, and plastic
bags for collecting and storing evidence such as clothing fibers, hairs, saliva, blood, semen or
body fluid from lips, cheeks, thighs, and vagina.

The kit is useful for investigations conducted after an alleged sexual assault, and can be used
in evidence to punish the assailant. It is equally useful to exonerate persons who have been
falsely accused of sexual assault.

In Delhi Commission of Women v. Delhi Police, W.P. (CRL) 696/2008 case, the Court
mandated certain changes in the police system, health services, child welfare committees,
legal services and support services in order to give justice to victims of rape. The court
pronounced that a SAFE Kit (Sexual Assault Forensic Evidence collection kit) be used by all
medical personnel for gathering and preserving physical evidence following sexual assault.
Court issued guidelines to police, medical examiners, courts, and prosecution. Click here for
guidelines

Guidelines for attending alleged victim of sexual offence

The date and time of arrival of the victim must be mentioned, both in the case sheet and the
MLC Register. The duplicate copy of case sheet and Medicolegal Report shall be preserved
for future reference.

6
The date and time of examination will be mentioned in the case sheet.

Case sheet will be initiated, noting personal particulars of the victim, along with date and the
time of reporting.

MLC will be initiated after filling the MLC Register available at examination facility.

The alleged victim will be admitted if the medical condition is serious.

The police will be informed telephonically followed by in writing after filling up the MLC
Register.

The Senior Registrar / Station HQ will be informed.

At least two identification marks of the victim will be mentioned in the case sheet as well as
in MLC register.

Report to the police will be given by name of the victim or as an unknown case (If name of
the victim is not known). Care must be taken to preserve the confidentiality of the victim
from others not related with the case.

Police will register a case under the relevant section of the IPC.

The police may take the victim and the accused for medical examination at a hospital which
is authorized to carry out medicolegal work.

Neither the victim nor accused in cases of sexual offences should be permitted to wash or
take a bath till the medical examination is completed.

The proforma for recording medical examination of alleged rape victim and the accused are
enclosed as in prescribed format respectively.

Consent of the victim must be obtained before starting the examination. The steps of
examination and their purpose should be explained to the victim in a language she
understands. The examination is to be carried out in the presence of a female attendant.

All injuries present on the body will be recorded. Line diagrams depicting the front and back
of the body may be used for a better description of location of the injuries.

If the clothes are the same as those worn during the occurrence of alleged sexual offence,
they should be carefully examined for the presence of blood, seminal stains, mud etc.

If there are any marks of suspicious stains, the clothes should be preserved with a view to
forwarding them to forensic laboratory in prescribed format.

If there are foreign hairs, fibres, debris under the nails etc, they must be carefully preserved
and sent to experts of forensic laboratory for comparison with those found on the accused.
Specimens should include vaginal swab, preferably from the posterior fornix.

7
Care must be taken to preserve various samples of medicolegal importance for their
submission to respective police authority.

In case the victim reports herself directly to the hospital after the alleged crime, she should
not be sent to the police station for legal formalities; instead the police will be called to the
hospital for the necessary requirements.

Other Legal provisions Associated with Sexual Assault:

U/s 228A of Indian Penal Code, no person can disclose the name of the rape victim and if
anybody discloses the name, he shall be punished with either description for a term which
may extend to two years and shall also be liable for fine.

U/s 114-A of Indian Evidence Act, presumption can be made as to the absence of consent in
certain prosecutions for rape. Whenever the person of a female victim is to be examined
under section 53 [5] of Criminal Procedure Code (Cr. P. C), the examination shall be made
only by, or under the supervision of, a female registered medical practitioner.

U/s 327(2) of Code of Criminal Procedure, there should be in camera trial for all rape
victims.

Conclusion:

Medico legal evidence has been considered an important component in the prosecution of
crimes, especially those related to sexual violence. The courts heavily rely upon it. However,
it is important to understand that forensic science itself is a new and emerging discipline. No
forensic method has rigorously been able to demonstrate a definitive connection between a
specific individual and a sample or source. So special precaution should be taken and care,
emphasis should be laid on section 53 CrPC and 164A CrPC.

Victims of alleged Sexual offences like rape may be brought for the medical examination by
police, or by order of a court, or the victim may come on their own. In the event the victim
comes directly, the police will be informed and necessary action will be taken to register a
case. The objects of medical examination are as follows:

Medical assessment and treatment of injuries and assessment, treatment, and prevention of
pregnancy and Sexually transmitted diseases (STDs)

Collection of forensic evidence;

Psychological evaluation;

Psychological support;

Prepare reports required under the law.

The principal features of the examination are:

Primary data;

8
Physical Examination and mental condition;

Signs of struggle on clothes and body;

Local examination of the genitals.

Medico Legal Aspect of Sexual Assault with Reference to Victim:

Section 53(5) of the CrPC talks about examination of a female victim, which should be done
by or under the supervision of a female doctor.
Section 164(A) CrPC explains the legal requirements for medical examination of a victim of
rape. One of the main elements of this is that the consent of the victim is mandatory and
should be part of the report.

The Section provides for a medical examination of the victim of rape by a registered medical
practitioner. It also provides that when no woman doctor is available, there is no bar against a
male doctor carrying out the examination, if the victim consents. Though getting the
examination done by a woman doctor is ideal, the law does not mandate it, keeping in mind
that a medical examination should not be postponed because of an extreme situation such as
the want of a female doctor.

The same section mandates that a medical examination must be carried out within 24 hours of
the police receiving information, thus recognizing this as a medico legal emergency and
putting a timeframe for the investigating officer.

The report shall state precisely the reasons for each conclusion arrived at. The exact time of
commencement and completion of the examination shall also be noted in the report. The
registered medical practitioner shall, without delay, forward the report to the investigating
officer, who shall forward it to the Magistrate referred to in section 173 of Cr. P. C. as part of
the documents referred to in clause (a) of sub-section (5) of that section.

Medico Legal Aspect of Sexual Assault with Reference to Accused:

Section 53A of the CrPC provides for a detailed medical examination of a person accused of
an offence of rape or an attempt to commit rape. A detailed medical examination is to be
carried out by a registered medical practitioner (only allopathic doctors registered under the
MCI) employed in a hospital run by government or local authority – and in the absence of
such a practitioner within the radius of 16 km from the place where the offence has been
committed, by any registered medical practitioner acting on the request of a police officer not
below the rank of a sub inspector.

The medical examination should be carried out without any delay and a “reasoned” report be
prepared recording the name and address of the accused, the person by whom he was
brought, the age of the accused, marks of injury if any, a description of materials collected
from the accused for DNA profiling, other material particulars in reasonable detail, and the
exact time of commencement and completion of examination. The report should be
forwarded without any delay to the investigating officer who in turn shall forward it to the
magistrate concerned.

9
The report shall state precisely the reasons for each conclusion arrived at. The exact time of
commencement and completion of the examination shall also be noted in the report. The
registered medical practitioner shall, without delay, forward the report to the investigating
officer, who shall forward it to the Magistrate referred to in section 173 of Cr. P. C. as part of
the documents referred to in clause (a) of sub-section (5) of that section.

Where the accused in a case of sexual offence in police custody is brought for medical
examination, consent is not required. Samples may be collected and handed over to the police
for forensic examination.

SAFE Kit:

The kit was developed in Chicago in the mid-1970s by Louis Vittulo, in order to provide a
more uniform protocol for evidence collection after sexual assaults. For years, the
standardized tool was referred to as a Vitullo kit. Today it is colloquially referred to as a rape
test kit or a rape kit, which is used interchangeably to refer to the specific evidence that is
obtained through the use of the rape kit. Other terms and abbreviations used are sexual assault
kit (SAK), a sexual assault forensic evidence kit (SAFE), sexual assault evidence collection
kit (SAECK) and PERK (Physical Examination Recovery Kit).

A SAFE kit consists of small boxes, swabs, microscope slides, sterile containers, and plastic
bags for collecting and storing evidence such as clothing fibers, hairs, saliva, blood, semen or
body fluid from lips, cheeks, thighs, and vagina.

The kit is useful for investigations conducted after an alleged sexual assault, and can be used
in evidence to punish the assailant. It is equally useful to exonerate persons who have been
falsely accused of sexual assault.

In Delhi Commission of Women v. Delhi Police, W.P. (CRL) 696/2008 case, the Court
mandated certain changes in the police system, health services, child welfare committees,
legal services and support services in order to give justice to victims of rape. The court
pronounced that a SAFE Kit (Sexual Assault Forensic Evidence collection kit) be used by all
medical personnel for gathering and preserving physical evidence following sexual assault.
Court issued guidelines to police, medical examiners, courts, and prosecution. Click here for
guidelines

Guidelines for attending alleged victim of sexual offence

The date and time of arrival of the victim must be mentioned, both in the case sheet and the
MLC Register. The duplicate copy of case sheet and Medicolegal Report shall be preserved
for future reference.

The date and time of examination will be mentioned in the case sheet.

Case sheet will be initiated, noting personal particulars of the victim, along with date and the
time of reporting.

MLC will be initiated after filling the MLC Register available at examination facility.

10
The alleged victim will be admitted if the medical condition is serious.

The police will be informed telephonically followed by in writing after filling up the MLC
Register.

The Senior Registrar / Station HQ will be informed.

At least two identification marks of the victim will be mentioned in the case sheet as well as
in MLC register.

Report to the police will be given by name of the victim or as an unknown case (If name of
the victim is not known). Care must be taken to preserve the confidentiality of the victim
from others not related with the case.

Police will register a case under the relevant section of the IPC.

The police may take the victim and the accused for medical examination at a hospital which
is authorized to carry out medicolegal work.

Neither the victim nor accused in cases of sexual offences should be permitted to wash or
take a bath till the medical examination is completed.

The proforma for recording medical examination of alleged rape victim and the accused are
enclosed as in prescribed format respectively.

Consent of the victim must be obtained before starting the examination. The steps of
examination and their purpose should be explained to the victim in a language she
understands. The examination is to be carried out in the presence of a female attendant.

All injuries present on the body will be recorded. Line diagrams depicting the front and back
of the body may be used for a better description of location of the injuries.

If the clothes are the same as those worn during the occurrence of alleged sexual offence,
they should be carefully examined for the presence of blood, seminal stains, mud etc.

If there are any marks of suspicious stains, the clothes should be preserved with a view to
forwarding them to forensic laboratory in prescribed format.

If there are foreign hairs, fibres, debris under the nails etc, they must be carefully preserved
and sent to experts of forensic laboratory for comparison with those found on the accused.
Specimens should include vaginal swab, preferably from the posterior fornix.

Care must be taken to preserve various samples of medicolegal importance for their
submission to respective police authority.

In case the victim reports herself directly to the hospital after the alleged crime, she should
not be sent to the police station for legal formalities; instead the police will be called to the
hospital for the necessary requirements.

11
Other Legal provisions Associated with Sexual Assault:

U/s 228A of Indian Penal Code, no person can disclose the name of the rape victim and if
anybody discloses the name, he shall be punished with either description for a term which
may extend to two years and shall also be liable for fine.

U/s 114-A of Indian Evidence Act, presumption can be made as to the absence of consent in
certain prosecutions for rape. Whenever the person of a female victim is to be examined
under section 53 [5] of Criminal Procedure Code (Cr. P. C), the examination shall be made
only by, or under the supervision of, a female registered medical practitioner.

U/s 327(2) of Code of Criminal Procedure, there should be in camera trial for all rape
victims.

Section 53A of the CrPC provides for a detailed medical examination of a person accused of
an offence of rape or an attempt to commit rape. A detailed medical examination is to be
carried out by a registered medical practitioner (only allopathic doctors registered under the
MCI) employed in a hospital run by government or local authority – and in the absence of
such a practitioner within the radius of 16 km from the place where the offence has been
committed, by any registered medical practitioner acting on the request of a police officer not
below the rank of a sub inspector.

The medical examination should be carried out without any delay and a “reasoned” report be
prepared recording the name and address of the accused, the person by whom he was
brought, the age of the accused, marks of injury if any, a description of materials collected
from the accused for DNA profiling, other material particulars in reasonable detail, and the
exact time of commencement and completion of examination. The report should be
forwarded without any delay to the investigating officer who in turn shall forward it to the
magistrate concerned.

The report shall state precisely the reasons for each conclusion arrived at. The exact time of
commencement and completion of the examination shall also be noted in the report. The
registered medical practitioner shall, without delay, forward the report to the investigating
officer, who shall forward it to the Magistrate referred to in section 173 of Cr. P. C. as part of
the documents referred to in clause (a) of sub-section (5) of that section.

Where the accused in a case of sexual offence in police custody is brought for medical
examination, consent is not required. Samples may be collected and handed over to the police
for forensic examination.

SAFE Kit:

The kit was developed in Chicago in the mid-1970s by Louis Vittulo, in order to provide a
more uniform protocol for evidence collection after sexual assaults. For years, the
standardized tool was referred to as a Vitullo kit. Today it is colloquially referred to as a rape
test kit or a rape kit, which is used interchangeably to refer to the specific evidence that is
obtained through the use of the rape kit. Other terms and abbreviations used are sexual assault
kit (SAK), a sexual assault forensic evidence kit (SAFE), sexual assault evidence collection
kit (SAECK) and PERK (Physical Examination Recovery Kit).

12
A SAFE kit consists of small boxes, swabs, microscope slides, sterile containers, and plastic
bags for collecting and storing evidence such as clothing fibers, hairs, saliva, blood, semen or
body fluid from lips, cheeks, thighs, and vagina.

The kit is useful for investigations conducted after an alleged sexual assault, and can be used
in evidence to punish the assailant. It is equally useful to exonerate persons who have been
falsely accused of sexual assault.

In Delhi Commission of Women v. Delhi Police, W.P. (CRL) 696/2008 case, the Court
mandated certain changes in the police system, health services, child welfare committees,
legal services and support services in order to give justice to victims of rape. The court
pronounced that a SAFE Kit (Sexual Assault Forensic Evidence collection kit) be used by all
medical personnel for gathering and preserving physical evidence following sexual assault.
Court issued guidelines to police, medical examiners, courts, and prosecution. Click here for
guidelines

Guidelines for attending alleged victim of sexual offence

The date and time of arrival of the victim must be mentioned, both in the case sheet and the
MLC Register. The duplicate copy of case sheet and Medicolegal Report shall be preserved
for future reference.

The date and time of examination will be mentioned in the case sheet.

Case sheet will be initiated, noting personal particulars of the victim, along with date and the
time of reporting.

MLC will be initiated after filling the MLC Register available at examination facility.

The alleged victim will be admitted if the medical condition is serious.

The police will be informed telephonically followed by in writing after filling up the MLC
Register.

The Senior Registrar / Station HQ will be informed.

At least two identification marks of the victim will be mentioned in the case sheet as well as
in MLC register.

Report to the police will be given by name of the victim or as an unknown case (If name of
the victim is not known). Care must be taken to preserve the confidentiality of the victim
from others not related with the case.

Police will register a case under the relevant section of the IPC.

The police may take the victim and the accused for medical examination at a hospital which
is authorized to carry out medicolegal work.

13
Neither the victim nor accused in cases of sexual offences should be permitted to wash or
take a bath till the medical examination is completed.

The proforma for recording medical examination of alleged rape victim and the accused are
enclosed as in prescribed format respectively.

Consent of the victim must be obtained before starting the examination. The steps of
examination and their purpose should be explained to the victim in a language she
understands. The examination is to be carried out in the presence of a female attendant.

All injuries present on the body will be recorded. Line diagrams depicting the front and back
of the body may be used for a better description of location of the injuries.

If the clothes are the same as those worn during the occurrence of alleged sexual offence,
they should be carefully examined for the presence of blood, seminal stains, mud etc.

If there are any marks of suspicious stains, the clothes should be preserved with a view to
forwarding them to forensic laboratory in prescribed format.

If there are foreign hairs, fibres, debris under the nails etc, they must be carefully preserved
and sent to experts of forensic laboratory for comparison with those found on the accused.
Specimens should include vaginal swab, preferably from the posterior fornix.

Care must be taken to preserve various samples of medicolegal importance for their
submission to respective police authority.

In case the victim reports herself directly to the hospital after the alleged crime, she should
not be sent to the police station for legal formalities; instead the police will be called to the
hospital for the necessary

14
Case Laws
State of Karnataka vs. Manjanna (2000) 6 Supreme Court Cases 188 In this case, the Hon
Supreme Court observed the following: “Before parting with the case, we wish to put on
record our disapproval of the refusal of some Government hospital doctors, particularly in
rural areas, where hospitals are few and far between, to conduct any medical examination of a
rape victim unless the case of rape is referred to them by the police. Such a refusal to conduct
the medical examination necessarily results in a delay in the ultimate examination of the
victim, by which time the evidence of the rape may have been washed away by the
complainant herself or be otherwise lost.

It is expected that the State/appellant will ensure that such situation does not recur in future.”
6The Court ruled that police requisition is not required for conducting forensic examination
and providing treatment to survivors of sexual violence and health facilities should not turn
away survivor for not having filed an FIR.

Dilip vs. State of Madhya Pradesh (2013) 14 SCC 331 In this case the Hon Supreme Court
observed that: “It is an obligation on the part of the State authorities and particularly, the
Director General of Police and Home Ministry of the State to issue proper guidelines and
instructions to the other authorities as how to deal with such cases and what kind of treatment
is to be given to the prosecutrix, as a victim of sexual assault requires a totally different kind
of treatment not only from the society but also from the State authorities. Certain care has to
be taken by the Doctor who medically examines the victim of rape. The victim of rape should
generally be examined by a female doctor. Simultaneously, she should be provided the help
of some psychiatrist. The medical report should be prepared expeditiously and the Doctor
should examine the victim of rape thoroughly and give his/her opinion with all
possible angles.

The Court ruled that the State should issue guidelines for examination of cases of sexual
violence including guidelines for medical examination, which should include physical and
psychological treatment. It also emphasized the need for preparing the examination report
without delay. Thus, health care providers have an important role to play in responding to
survivors of violence, especially sexual violence. They are required to provide medical
treatment and psychological support. This covers all medical care including immediate
treatment of injuries, testing and treating for STIs, preventing HIV, preventing pregnancy,
providing wound care, preventing tetanus and hepatitis and providing requisite emotional and
psychological support. Another critical role of the health staff is to collect and maintain chain
of evidence, as this can help the survivor get justice.

Further, all evidence collected must be carefully stored and protected till it is handed over to
the police for analysis by the hospital lab and forensic science lab.

15
Dilip vs. State of Madhya Pradesh (2013) 14 SCC 331 In this case the Hon Supreme Court
observed that: “It is an obligation on the part of the State authorities and particularly, the
Director General of Police and Home Ministry of the State to issue proper guidelines and
instructions to the other authorities as how to deal with such cases and what kind of treatment
is to be given to the prosecutrix, as a victim of sexual assault requires a totally different kind
of treatment not only from the society but also from the State authorities. Certain care has to
be taken by the Doctor who medically examines the victim of rape. The victim of rape should
generally be examined by a female doctor. Simultaneously, she should be provided the help
of some psychiatrist. The medical report should be prepared expeditiously and the Doctor
should examine the victim of rape thoroughly and give his/her opinion with all
possible angles.

The Court ruled that the State should issue guidelines for examination of cases of sexual
violence including guidelines for medical examination, which should include physical and
psychological treatment. It also emphasized the need for preparing the examination report
without delay. Thus, health care providers have an important role to play in responding to
survivors of violence, especially sexual violence. They are required to provide medical
treatment and psychological support. This covers all medical care including immediate
treatment of injuries, testing and treating for STIs, preventing HIV, preventing pregnancy,
providing wound care, preventing tetanus and hepatitis and providing requisite emotional and
psychological support. Another critical role of the health staff is to collect and maintain chain
of evidence, as this can help the survivor get justice.

Further, all evidence collected must be carefully stored and protected till it is handed over to
the police for analysis by the hospital lab and forensic science lab.

16
State of Uttar Pradesh vs. Munshi, AIR 2009, SC 370, In this case, it was held by the Apex
Court that “even if the victim of rape was previously accustomed to sexual intercourse, it
cannot be the determinative question. On the contrary, the question still remains as to
whether the accused committed rape on the victim on the occasion complained of. Even if
the victim had lost her virginity earlier, it cannot certainly give a license to any person to rape
her. So whether the victim is of promiscuous character is totally an irrelevant issue altogether
in a case of rape”. It is ultimately her evidence which is the acid test and it is held to be
standing on a high pedestal than an injured witness for the reason that the injured witness gets
injury in the physical form while the prosecutrix suffers psychologically and emotionally.

The incident of rape in itself causes great distress and humiliation to the victim. Therefore
she will never indulge into making a false allegation of rape as it will cause equal distress,
humiliation and damage to her. Lillu @ Rajesh and Anr vs. State of Haryana
MANU/SC/0369/2013. The prosecutrix in this case was a minor girl of age of 13 years and
nine months and a student of 6th standard. Her testimony in the court was found to be
consistent and reliable.

The medical evidence of the doctor, who conducted two finger per
vagina test, showed that hymen was completely torn. In evidence before the
court, the doctor stated that the possibility of prosecutrix being habitual to sexual intercourse
cannot be ruled out. As prosecurtrix was 14held to be a minor, the question as to whether she
was habituated to sexual activities or not, was held to be immaterial to determine the issue of
consent.

After relying on its own earlier pronouncements, Apex Court held that sole testimony of
prosecutrix itself is enough to record a conviction, when her evidence is read in its totality
and found to be worth of reliance. It was further held that even if the victim of rape was
previously accustomed to sexual intercourse, it cannot be the determinative question.
According to apex court, even if the victim had lost her virginity earlier, it can certainly not
give a licence to any other person to rape her. Moreover, it is the accused who is on trial and
not the victim. It was further held that even in cases where there is some evidence to show
that the victim was habituated to sexual intercourse, no inference of the victim being a
woman of easy virtues or a woman of loose moral character can be drawn. In the end, after
referring to International Covenant on Economic, Social and Cultural Rights 1966 and United
Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power,
1985, which requires that medical procedures should not be carried out in a manner that
constitutes cruel, physical trace to be noticed in medical examination of the victim, negating
the value of the two finger test or rupture to hymen.

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Conclusion:
Medico legal evidence has been considered an important component in the prosecution of
crimes, especially those related to sexual violence. The courts heavily rely upon it. However,
it is important to understand that forensic science itself is a new and emerging discipline. No
forensic method has rigorously been able to demonstrate a definitive connection between a
specific individual and a sample or source. So special precaution should be taken and care,
emphasis should be laid on section 53 CrPC and 164A CrPC.

Victims of alleged Sexual offences like rape may be brought for the medical examination by
police, or by order of a court, or the victim may come on their own. In the event the victim
comes directly, the police will be informed and necessary action will be taken to register a
case. The objects of medical examination are as follows:

Medical assessment and treatment of injuries and assessment, treatment, and prevention of
pregnancy and Sexually transmitted diseases (STDs)

Collection of forensic evidence;

Psychological evaluation;

Psychological support;

Prepare reports required under the law.

The principal features of the examination are:

Primary data;

Physical Examination and mental condition;

Signs of struggle on clothes and body;

Local examination of the genitals.

18
Medico legal evidence has been considered an important component in the prosecution of
crimes, especially those related to sexual violence. The courts heavily rely upon it. However,
it is important to understand that forensic science itself is a new and emerging discipline. No
forensic method has rigorously been able to demonstrate a definitive connection between a
specific individual and a sample or source. So special precaution should be taken and care,
emphasis should be laid on section 53 CrPC and 164A CrPC.

Victims of alleged Sexual offences like rape may be brought for the medical examination by
police, or by order of a court, or the victim may come on their own. In the event the victim
comes directly, the police will be informed and necessary action will be taken to register a
case. The objects of medical examination are as follows:

Medical assessment and treatment of injuries and assessment, treatment, and prevention of
pregnancy and Sexually transmitted diseases (STDs)

Collection of forensic evidence;

Psychological evaluation;

Psychological support;

Prepare reports required under the law.

The principal features of the examination are:

Primary data;

Physical Examination and mental condition;

Signs of struggle on clothes and b

19