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Journal of Indian Academy of Forensic Medicine
Year : 2023, Volume : 45, Issue : 4
First page : ( 414) Last page : ( 416)
Print ISSN : 0971-0973. Online ISSN : 0974-0848.
Article DOI : 10.48165/jiafm.2023.45.4.25

A Case of failure of implementation of MOHFW guidelines for medicolegal examination of sexual violence complicated by contradictory autopsy findings

Roy DD1,*, Ongmu K2

1Assistant Professor, Department of Forensic Medicine, Institute of Medical Sciences, Banaras Hindu University, Varanasi

2P.G. First Year, Department of Forensic Medicine, Institute of Medical Sciences, Banaras Hindu University, Varanasi

*Corresponding Author, Dr. Deepa Durga Roy, Email: deepadurgaroy@bhu.ac.in, Mobile No.: +91 6393770522

Online Published on 2 January, 2024.

Abstract

A 13 year old female was brought to BHU, Trauma Centre in an unconscious, intubated state with a ligature mark around the neck, a crudely sutured wound on right wrist and an alleged history of sexual assault. We witnessed multitude of hurdles pertaining to this case which led to delay in evidence collection, dispatch, and analysis. This occurred at various steps beginning from preliminary reporting and treatment, up to the demise and even thereafter. The case was further convoluted with a completely contrasting autopsy report. It clearly indicates that major improvements need to be made at almost all steps and that we must bring to light the ground reality in dealing with such cases. There is a dire need for addressal of the deviations from beau ideal due to numerous shortcomings. The motive of presenting this case can be perceived through this quote: "If it were not for injustice, man would not know justice." Here, we aim to reduce barriers associated with preliminary reporting, evidence collection and autopsy documentation so as to support timely investigation and prosecution.

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Keywords

Sexual violence, Medicolegal examination, Evidence, Delay.

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