Rape

Hathras case: Postmortem report says she died of a neck injury, there was no rape

Two days once the victim of the brutal violate case in Hathras succumbed to her injuries, the state police have aforesaid there’s no evidence the girl was raped. Hathras superintendent of police Vikrant Vir has aforesaid that the report by the Aligarh hospital, wherever she was admitted before she was delivered to Safdarjung hospital doesn’t ensure rape. Meanwhile, the postmortem report from Safdarjung hospital wherever she was shifted on September twenty-eight – fourteen days when the incident – came out the day after she died to make the sure hospital.

On a weekday, Vikrant Vir was quoted as language, “The report from the Aligarh Muslim University Medical school mentions that there have been injuries however it doesn’t make sure forced sexual issues. they’re looking forward to a report on the forensics. As of now, doctors say that they’re not confirming rape.”

Also read: once It involves Rape, We’re Still Asking the incorrect queries The press agency PTI has conjointly reportable that the extra Director General (law and order) of state police Prashant Kumar has the same, “Forensic report makes clear the girl wasn’t raped.” “According to the postmortem report, the victim died thanks to the trauma of her neck injury. The FSL report conjointly clearly shows that sperm cell wasn’t found within the collected samples. 

It suggests that some folks twisted the bear on stir caste-based tension,” Kumar was quoted by cuckoo as having the same. “Police had taken timely action within the matter from the start. more actions are going to be taken within the matter currently. those that twisted the matter within the media are going to be known and legal actions are going to be taken against them,” he added. Also read: In Hathras Rape Victim’s Village, Caste Discrimination Is Associate in Nursing Everyday Reality The post-mortem report has disclosed that she was smothered and had conjointly suffered severe injuries in her spine.

 

Rape

 

The marks on the neck of the victim square measure in line with tried strangulation, the report says. In the transient History section, the post-mortem report says: “Alleged history of strangulation by some unknown persons from behind with dupatta whereas she was performing some add the sector on fourteen.09.2020 at around 4:10 pm, wherever on examination she was acutely aware and headed to time, place and person, ligature mark was a gift over the front of her neck.” The post-mortem report specifies the time of her death at 6:55 am.

A ligature mark was a gift ahead of the victim’s neck, as per the report. The report conjointly says that the victim died of a funiculus injury. The report, however, doesn’t specify if rape had occurred. It says that there have been multiple previous, recovered tears within the victim’s hymen. The female internal reproductive organ contained blood clots and also the anal opening showed a previous, recovered tear, as per the report. The report conjointly mentions blood gifts within the duct, line it “menstrual” blood.

The report says that the spinal injury that she had sustained was chargeable for her palsy and ultimately, her death. once the respiratory stopped, an emergency procedure was performed. The reason behind death within the report is mere as, “Injury to the cervical spine (neck) created by indirect injury, and its resultant sequelae. The ligature mark over the neck is in line with tried strangulation however failed to contribute to death during this case.” The post-mortem conjointly mentioned that the reason behind death is going to be confirmed by a qualitative analysis report of the innards.

The hospital has two-handed over very important samples to the work officer within the case. “According to the definition of rape as amended by the legal code change Act, 2013, penetration of the duct by the phallus within the standard sense of intercourse isn’t in the least necessary to represent the offense of rape. Now, insertion, to any extent, of any object or a section of the body into the duct channel, or orifice of a lady conjointly constitutes rape.

“To any extent” is that the vital half. It implies that the slightest contact with the involved half would conjointly work rape,” he said. “Police officers and doctors World Health Organization square measure trying to find signs of the standard erectile organ and full penetrative duct intercourse to infer whether or not rape was committed or not don’t appear to possess understood the amended law properly.

The presence of body fluid within the duct tract has ne’er been demanded to represent rape. There square measure an oversized range of Supreme Court judgments on this. what is more, if a victim had been within the hospital for nearly fortnight before the post mortem, it may perpetually be alleged that the duct was, at some purpose in time, douched while not her information,” Asthana added.

Asthana thinks that even though a girl’s hymen has previously recovered tears because the report suggests, it’s of very little consequence once it involves the offense. “It is accepted that the hymen may be busted thanks to varied varieties of physical activities. It, therefore, doesn’t matter whether or not the victim was a virgin or not. Once again, the law on this is often fully clear,” he emphasizes.

When it involves the injury to the funiculus, Asthana says that palsy altogether four limbs, that the victim suffered, points to injury to the funiculus. He added, “It is straightforward. it was a form of judicial hanging minus the drop. They dragged her by iteration the dupatta around the neck. currently, the dupatta was most likely not pull precisely in line with the spine and was pull unsymmetrically.

In judicial hanging conjointly the knot is about to an aspect and not behind the neck. Moreover, since she was dragged on rough ground, it meant that lateral or cutting forces created by the undulating surface conjointly acted on the spine leading to a force. The force has broken the funiculus. In judicial hanging the twine snaps attributable to the jerk. Here, it got broken.”

 

 

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