Browsing by Subject "Evidentiary Value of Medical Opinion"

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Open Access
Relevance of Medical Finding in Rape Cases Post 2013 Amendment of the Indian Penal Code
(University of North Bengal, 2019-09) Fasih, Faisal
Although corroborative in nature, medical evidence plays a very crucial role in rape cases. The glaring inconsistency between direct evidence and medical evidence is considered as defect in the prosecution case. The paper studied the implications of medical findings in two phases – Prior to 2013 amendment and Post-Amendment. Prior to the amendment, rape was defined as an act of sexual intercourse between man and woman without the consent of latter. The law has been amended to include penetrative as well as non-penetrative rape, consisting of sixteen different types of acts. Therefore, the focus of medical examination was to determine penetration by mainly assessing the private organ of victim, tracking seminal fluid and injuries. However, with the broadening of the definition of rape, it is important to make necessary changes for tracing medico-legal aspects of certain findings. Certain medical factors which were important no longer carry the same weightage such as capacity of the accused to cohabit as penetration is not required for the commission of an offence. On the other hand, certain factors which were not very important may play decisive today such as saliva of the accused or traces of object found in the private part of victim. The paper highlights various medical findings relating to physical aspect of rape and its legal implications. It is divided into three sections. The first section analyses the medico-legal aspects of three important findings namely; condition of private part of victim, presence of certain fluid, and recording of injury mark. The second section discusses the impact of amendment on the evidentiary value of certain medical findings such as presence of seminal discharge, saliva, traces of object and evidence suggesting manipulation of body. Finally, the paper makes certain recommendations for better application of medical evidence.