Medical evidence as an expert evidence in certain offence against women

Author- Nishtha Kheria, Amity University, Noida.

Abstract

Due to the increase in crowds naturally, there is a decline in cultural preferences and acceleration in crimes. Crime against women is on the increase, particularly sexual crimes. Though crime is prevailing in every nation and community, most of them either go undetected or unreported. Forensic medicine acts a significant role in assisting to check, early discovery, giving expert medicolegal and scientific records at earliest, which will appear in immediate trial and instantaneous administration of trial to victims. Due to a lack of legal or medicolegal and scientific information and awareness among 'victims, reviewing firms, medical and paramedical personnel, the outcome is either justice rushed is justice buried’ or justice delayed is justice denied' to the victim.

Keywords: decline, forensic medicine, trial, victims, medico legal

Introduction

India is a developing country, where the women are fairly participant in the advancement of the country as men do. From the very inception till the modern time women make themselves live in every part of the construction, may it be the sports or politics or of science.[1] still, some factors lead to the rudeness of the women. And one of the said components is rape. Rape is one of the monstrous crimes defined in our penal terms.

Consent

no, wherein our criminal law the lawmaker has described the term consent, but in the Indian penal code, it has been determined what is not amounting to the permission. According to section 375(6) when the sexual intercourse has been done with or without permission when the female is below the age of eighteen years, the said act will amount to rape.[2] that implies an act with the permission of the woman would not amount to rape if she is beyond eighteen years of age. But the said permission is not true if, it is taken by fraud as, by impersonation of the husband, or it was received by placing her or any other person in the terror of death, or whentaken from a woman when she is of unsound mind or in the impact of liquor, or when she has not attended the age of eighteen years.[3]

Sources of evidence

Role of the investigator

The charges of the rape are simple to level against the person but hard to prove.[4] but now following the variation in the time, and the variation in the laws, the onus of proof in the rape cases is there on the accused person that he has not performed rape.[5]. The number of rape cases is growing day by day and which will further strengthen as well as the social values has been modified.[6]

In such a monstrous crime like rape, the investigating officer must be more careful and assemble proper evidence orderly and he has to provide proper evidence which confirmed the fact beyond a rational doubt that the victim has been raped by the accused.[7]

The victim

the victim is the most crucial source of evidence in rape cases. The evidence is of three types: -

  1. Awareness of the event

  2. Medical evidence

  3. Evidentiary clues

Awareness of the event

The occurrence is best known either to the victim or to the culprit. As the culprit is involved in not carrying the data the only source left is the victim. This data has to be obtained through rigorous examination

Medical evidence

medical examination of the victim always plays a very vital role in the matter of the rape. As there is ordinarily no eye-witness of the act, and the accused and victim used to say in their concern only, the medical evidence is one of the methods which help to find out the fact. Medical examination of the victim had always been a necessary precondition.[8] and after the alteration in the act, the medical examination of the accused has also graced the necessary prerequisite.[9]

The victim displays relevant medical evidence, which, with time, is wasted. The review of the victim should, hence, be conducted at the earliest.[10] the medical examination of the victim cannot be done without the authorization from the court or the police officer, but the court cannot compel a woman for the medical examination.[11] the approval of the victim is expected for the medical examination and in case of the victim is under the age of eighteen or is of unsound mind the permission of the legal guardian is needed.[12]