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 62 65 66) (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....