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Ten days after a preliminary medico-legal report found "signs of use of force", a forensic report of the Hathras rape victim says that there were "no signs suggestive of intercourse".
The report of the FSL (Forensic Science Laboratory) in Agra says the samples did not contain sperm, but the report has been questioned by experts as it is based on samples collected 11 days after the assault.
Last week, the Uttar Pradesh police had claimed that the forensic report of the 20-year-old woman's viscera had established that she was not raped or gang raped. "The post-mortem report says the victim died due to her neck injury. FSL report hasn't found sperm in samples, making it clear that some people twisted the matter to stir caste-based tension. Such people will be identified and legal action will be taken," Prashant Kumar, a senior UP police officer, had said.
As many as 11 days after the incident, the woman's samples were sent to the forensic lab in Agra. As per experts, sperms would not be present anymore by that time.
On September 22, the woman's samples were collected at a hospital in Aligarh, the same day when he had recorded a statement from her hospital bed. According to experts, her statement is essential to be considered in the investigation.
Three days later, on September 25, the samples were sent to the Forensic Science Laboratory in Agra.
The forensic report has been questioned by doctors at Aligarh Muslim University's (AMU's) Jawaharlal Nehru Medical College, who stressed that it is only one part of the investigation. According to them, the result would be different when a sample is tested soon after collecting and when it is tested after 11 days.
"The Agra report cannot confirm or deny rape. Regardless of the presence of sperm or not, it is only an investigation. The ultimate confirmation or denial will be in a court. Many aspects of the investigation will be placed before the court. The court should take suo motu cognizance of the ADG Law and Order's statement and initiate action against him. He cannot make statements like this. I want to say that neither the FSL report nor an autopsy, or an MLC (medico-legal case) can prove or disprove anything concrete. This is all proof that a court will evaluate," NDTV quoted Dr Hamza Malik, president of the Resident Doctor's Association of Jawaharlal Nehru Medical College, as saying.
When asked how important the victim's statement recorded in Aligarh is, the doctor said, "That statement is called a dying declaration under Section 32 of the Indian Evidence Act, and (is taken when) a magistrate and a medical officer are present. This is valid in court and will be used as proof."
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