“Finger insertion test” on rape victims is against the integrity and dignity of the victim

Allahabad High Court: The Court while criticising the infamous finger insertion test on rape victims and regarding it as violative of the integrity, dignity and privacy rights of the victim, the division bench of Amar Saran and Vijay Lakshmi, JJ. directed the Principal Secretary (Health), U.P. and other authorities concerned to stop conducting finger insertion test on the rape victims and suggested them to employ modern gadget based on other techniques in order to ascertain whether rape is being committed on the victim. The Court relied on the decision of the Supreme Court in Lillu v. State of Haryana, (2013) 14 SCC 643 which held that no presumption of consent could be drawn ipso facto on the strength of an affirmative report based on the two finger test. The Court disapproved the manner in which the investigations are being conducted in rape cases and further directed for the establishment of the well equipped DNA Laboratory in U.P. which has advanced mitochondrial DNA analysis facilities similar to Centre for DNA Fingerprinting and Diagnostics (CDFD) Hyderabad.

In the instant case which dealt with the rape and murder of the 12 year old girl,  where the appellant  was represented by G.S.Chaturvedi, Ajatshatru Pandey, the Court observed that rape and murder of minor girls are mostly based on circumstantial evidence, therefore it is of utmost importance that every material collected from the body and clothes of the person and other incriminating material extracted from the accused must be promptly sent for DNA analysis for ensuring that forensic evidence for establishing the crime of the accused is available.

The Court while awarding sentence of imprisonment for life to the accused also instructed the police that in cases of rape and murder of minor girls and other complicated cases, investigation must be done by efficient investigating officers. [Akhtar v. State of U.P. Capital Cases No. 574 of 2013, decided on 28.08.2014]

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