EXAMINATION OF ACCUSED OF RAPE

A POWER POINT PRESENTATION BY

DR.SANGEETA CHOWDHRY &

DR.SUNIL SHARMA DEPARTMENT OF FORENSIC MEDICINE

& TOXICOLOGY

GOVT. MEDICAL COLLEGE JAMMU (JAMMU AND KASHMIR)

The principal features of the examination are:-•Preliminary data•Physical examination and mental condition•Signs of struggle on clothes and body•Local examination of the genitals

Preliminary data

Place of Examination: Date and Time of Examination: a. Name: ………………………………………S/o ………………………………………………. b. Address: ………………………………………………………………………………………… c. Age as stated:…………………………………………………………………………………… d. Religion: …………………………………………………………………………………………. e. Occupation: ………………………………………………………………………………………. f. Brought and identified by : ……………………………………………………………………… g. Consent given in writing: (Exempted U/S 53(1) CrPC)

……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… i. Identification marks: a. …………………………………………………………………………………………….. b. …………………………………………………………………………………………….. j. History: a. As given to police: ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… b. As given by alleged accused: i. If he admits or denies the incidence (Account of incidence as per his statement)

……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… Did he know the victim before: ………………………………………………………

Section 53 CrPC. Examination of accused by medical practitioner at the request of police officer. (1) When a person is arrested on a charge of committing an offence of such a nature and alleged to have been committed under such circumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub-inspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably for that purpose.(2) Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner. It has two clause:-

Section 53(1) CrPC---an accused can be examined and necessary evidence, e.g. blood. Swabs, etc, collected even without the consent and by use of force if such an examination is desirable to ascertain the accused’s part in an alleged sexual offence.

Section 53(2) CrPC---whenever a female is to be examined, the examination should be made only by, or under the supervision of, a female registered medical practitioner.

The examination of the accused should always be made as soon as it can be arranged and the exact time and date be mentioned. If the accused is arrested soon after the crime, the police should not allow him to go bathroom unsupervised under any pretext, until the medical examination has been finished, least he may wash off the stains on his body and clothes and destroy valuable evidence.

The examiner should note the size and physique of the alleged assailant to determine the ability of the victim to offer resistance and to access genital injuries sustained by her. The mental condition and signs of drunkenness should be specially noted.

Size and physique of the alleged assailant

Size and physique of the victim

Mental condition of the alleged assailant

Signs of drunkenness

A search should be made for injuries which the victim says she inflicted on the assailant during the alleged struggle. If any injury is present on the body of the accused, then to see, if it could be due to struggle and resistance by the victim. If his clothing’s show any evidence of recent tear, loss of button, foreign hair, lipstick, stains of blood, mud , grass, vaginal stains, if so, his explanation about the same. The blood stains and seminal stains are usually found on the front of undergarments. The blood stains if present; should be collected and kept for blood grouping and a microscopic examination for vaginal epithelium and bacterial flora made. The presence of seminal stains on the clothes is indicative of a recent emission. General marks of violence if an (bite marks, abrasions, contusions), if present describe in detail like any other injuries with data to assess their age. They are usually seen on the face, hands or private parts.

Genitals

Genitals

Pubic regionSeminal fluid and blood stains may be found in pubic hair. Blood stain if found; should be scraped by a blunt scalpel and preserved for examination. The penis should be examined for presence of “SMEGMA”. Smegma is a thick cheesy secretion with a disagreeable odour. It consists of desquamated epithelial cells and smegma bacilli. The presence of thick uniform coating of smegma under the prepuce or round about the corona glandes is inconsistent with a recent intercourse. The smegma is rubbed off during intercourse and it takes about 24 hours to accumulate

“SMEGMA”.

The presence of torn Frenum is consistent with a recent intercourse. It is a small fold of skin or mucous membrane that checks or curbs the movement of a part or organ. The presence of STD should be looked and victim examined for the same with due regards to its incubation period. The status of HIV infection should also be determined.

Tear on Frenum

Impotency

The accused should be examined to determine if there is anything to suggest that he is impotent.

Laboratory examination: i. Urethral swabs and smears: taken and preserved for examination in FSL (for detection of semen, spermatozoa, gonococci etc) ii. Loose foreign pubic hair or fiber of clothing, if present on the body or under the clothing of accused, collected for corroboration and connection of the crime with criminal. iii. Stains of semen, blood, mud, grass etc on body. iv. Penile washings examined for vaginal epithelia: v. Discharge per urethra: (for STD) Loose pubic hairs vi. Nail scrapings vii. Swabs buccal mucosa for saliva viii. Penile swabs ix. Urethral swab STDx. Blood for grouping xi. Blood for serology xii. X-ray for age estimation (if needed)

Opinion

Taking into consideration the history of the case, the data on clinical examination and the report of FSL (all being considered together) I am of the opinion that :

After thorough physical examination and findings of laboratory reports; I am of the opinion that:-There is nothing to suggest that the alleged accused is incapable of performing sexual intercourse. OrThe alleged accused is incapable of performing sexual intercourse.