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Supreme Court Of India

Hon’ble Judge(s):

Dhananjaya Y. Chandrachud,
Hima Kohli
, JJ

(A) Penal Code (45 of 1860) , S.375, S.376— Evidence Act (1 of 1872) , S.45— Rape cases – Medical evidence – Authenticity of ‘two-finger test’ conducted for determining rape/sexual asault – While examining rape victim, Medical Board conducts “two-finger test” to determine if she was habituated to sexual intercourse – It has no scientific basis and it neither proves or disproves allegations of rape – Instead, 2 finger test only re-victimizes and re-traumatizes victim – Use of such regressive and invasive test, deprecated – State and Central Govt. directed to ensure that guidelines formulated by Health Ministry, proscribing application of “two-finger test”, are circulated to all government and private hospitals – Curriculum in medical schools should be reviewed to ensure that “two-finger test” is not prescribed as one of procedures to examine rape victims.

(Para 60

(B) Evidence Act (1 of 1872) , S.32(1)— Statement of victim recorded during treatment – Whether dying declaration – Statement given by victim during her treatment, relevant as regards cause of her death and circumstances eventually resulting in her death – She clearly described that accused raped her then poured keros….

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