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Examination of rape accused (2)

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A POWER POINT PRESENTATION BY DR.SANGEETA CHOWDHRY & DR.SUNIL SHARMA, DEPARTMENT OF FORENSIC MEDICINE & TOXICOLOGY, GOVT. MEDICAL COLLEGE, JAMMU (JAMMU AND KASHMIR)

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  • 1. EXAMINATION OF ACCUSED OF RAPE
  • 2. A POWER POINT PRESENTATION BY DR.SANGEETA CHOWDHRY & DR.SUNIL SHARMADEPARTMENT OF FORENSIC MEDICINE & TOXICOLOGY GOVT. MEDICAL COLLEGE JAMMU (JAMMU AND KASHMIR)
  • 3. The principal features of theexamination are:-•Preliminary data•Physical examination and mentalcondition•Signs of struggle on clothes and body•Local examination of the genitals
  • 4. 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: ………………………………………………………
  • 5. Section 53 CrPC. Examination of accused by medical practitioner at therequest of police officer. (1) When a person is arrested on acharge of committing an offence of such a nature andalleged to have been committed under such circumstancesthat there are reasonable grounds for believing that anexamination of his person will afford evidence as to thecommission of an offence, it shall be lawful for a registeredmedical practitioner, acting at the request of a policeofficer not below the rank of sub-inspector, and for anyperson acting in good faith in his aid and under hisdirection, to make such an examination of the personarrested as is reasonably necessary in order to ascertainthe facts which may afford such evidence, and to use suchforce as is reasonably for that purpose.(2) Whenever the person of a female is to be examinedunder this section, the examination shall be made only by,or under the supervision of, a female registered medicalpractitioner. It has two clause:-
  • 6. Section 53(1) CrPC---an accusedcan be examined and necessaryevidence, e.g. blood. Swabs, etc,collected even without the consent andby use of force if such an examination isdesirable to ascertain the accused’spart in an alleged sexual offence.Section 53(2) CrPC---whenevera female is to be examined, theexamination should be made only by, orunder the supervision of, a femaleregistered medical practitioner.
  • 7. The examination of the accused should always be made assoon as it can be arranged and the exact time and date bementioned. If the accused is arrested soon after the crime,the police should not allow him to go bathroomunsupervised under any pretext, until the medicalexamination has been finished, least he may wash off thestains on his body and clothes and destroy valuableevidence.
  • 8. The examiner should note the size andphysique of the alleged assailant todetermine the ability of the victim to offerresistance and to access genital injuriessustained by her. The mental condition andsigns of drunkenness should be speciallynoted.
  • 9. Size and physique of the alleged assailant
  • 10. Size and physique of the victim
  • 11. Mental condition of the alleged assailant
  • 12. Signs of drunkenness
  • 13. A search should be made for injuries which the victim saysshe inflicted on the assailant during the alleged struggle. Ifany injury is present on the body of the accused, then tosee, if it could be due to struggle and resistance by thevictim. 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 thefront of undergarments. The blood stains if present; shouldbe collected and kept for blood grouping and a microscopicexamination for vaginal epithelium and bacterial flora made.The presence of seminal stains on the clothes is indicativeof a recent emission. General marks of violence if an (bitemarks, abrasions, contusions), if present describe in detaillike any other injuries with data to assess their age. Theyare usually seen on the face, hands or private parts.
  • 14. Genitals
  • 15. Genitals
  • 16. Pubic regionSeminal fluid and blood stains may be found in pubichair. Blood stain if found; should be scraped by a bluntscalpel and preserved for examination. The penisshould be examined for presence of “SMEGMA”.Smegma is a thick cheesy secretion with adisagreeable odour. It consists of desquamatedepithelial cells and smegma bacilli. The presence ofthick uniform coating of smegma under the prepuce orround about the corona glandes is inconsistent with arecent intercourse. The smegma is rubbed off duringintercourse and it takes about 24 hours to accumulate
  • 17. “SMEGMA”.
  • 18. The presence of torn Frenum isconsistent with a recent intercourse. It isa small fold of skin or mucous membranethat checks or curbs the movement of apart or organ. The presence of STD shouldbe looked and victim examined for thesame with due regards to its incubationperiod. The status of HIV infection shouldalso be determined.
  • 19. Tear on Frenum
  • 20. The accused should be examined to determine if there is anything to suggest that he is impotent.Impotency
  • 21. Laboratory examination:i. Urethral swabs and smears: taken and preserved forexamination in FSL (for detection of semen, spermatozoa,gonococci etc)ii. Loose foreign pubic hair or fiber of clothing, if present on thebody or under the clothing of accused, collected forcorroboration 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 hairsvi. Nail scrapingsvii. Swabs buccal mucosa for salivaviii. Penile swabsix. Urethral swab STDx. Blood for groupingxi. Blood for serologyxii. X-ray for age estimation (if needed)
  • 22. OpinionTaking into consideration the history of the case, the data onclinical examination and the report of FSL (all being consideredtogether) I am of the opinion that :
  • 23. After thorough physical examination andfindings of laboratory reports; I am of theopinion that:-There is nothing to suggest that thealleged accused is incapable of performingsexual intercourse. OrThe alleged accused is incapable ofperforming sexual intercourse.