On Saturday, the same AMU forensic medicine department that had prepared the preliminary report wrote to the Sadabad police station circle officer at 12.15 pm in its final opinion that “there are no indications suggestive of vaginal / anal intercourse. There is evidence of physical aggression (injuries to the neck and back) ”. When TOI contacted the doctor, he declined to comment, citing the confidentiality of the report and said the document would be presented in court.
According to what the Dalit teenager said, the preliminary report, which TOI is in possession, recorded a “complete” penetration of the vagina by the penis. But she was unable to conclude whether semen was present. All sections marked for the presence of semen had “I don’t know” written against them. She also noted that the patient had “loss of consciousness at the time of the incident” and “pain during or after the incident.” A UV test was not performed “because the body (had) been cleaned several times.”
In the provisional opinion of 22 September, the doctor conducting the examination had written: “Based on the local examination, I am of the opinion that there are indications of the use of force. However, the opinion on penetration and intercourse is subject to pending availability of reports from the FSL (forensic science laboratory). ”On the same day, the president of the university’s neurosurgery department had written to the emergency medical officer from the hospital’s emergency and trauma center, saying: “The patient is fundamental, so please kindly organize the magistrate’s declaration of death.” In that, the girl had said that she was gang-raped by four men, who he named.That was the same day, September 22nd.
The medico-legal report, which is prepared by a doctor, was the first to document his condition. The forensic report, which is prepared by a forensic laboratory, was based on samples that had been shipped 11 days after the incident, TOI reported. The delay was partly due to the fact that the first FIR had only mentioned attempted murder because the victim had not gained the knowledge to be able to give his statement. When it did, additional charges of gang rape were added to the FIR and samples were taken. Then eight days had already passed. The samples were finally sent to the lab another three days later.
Based on the delayed forensic report, which did not find the presence of semen, ADG (law and order) Prashant Kumar had ruled out rape. The post mortem report from Delhi Safdarjung Hospital, where he died on September 29, had attributed the death to a “trauma”, noting that his private parts and his “anal orifice” had “multiple old tears healed.”
A senior IPS official told TOI: “The final opinion – that there were no signs of vaginal / anal intercourse – was because no semen was found. This may be due to the fact that several days had elapsed before the forensic examination.”
Dr. Md Hamza, president of the AMU Medical School Resident Association, told TOI: “The samples for FSL analysis were collected on September 22 and analyzed on September 25. Therefore, they cannot corroborate the violation. But a preliminary medico-legal report, which was prepared on September 22, clearly indicated a “sign of strength.” “The girl had given her statement before a doctor and a magistrate.”
Union health ministry guidelines for collecting samples for central or state forensic science laboratories in cases of sexual violence state: “The probability of finding evidence after 72 hours (3 days) is greatly reduced; however, it is better to collect evidence for up to 96 hours in case the survivor is not sure of the number of hours that have elapsed since the assault ”. Evidence on the outside of the body and on materials such as clothing can be collected even after 96 hours. The preliminary medico-legal report had said that the girl’s clothes and underwear had been “changed at the time of admission to the hospital,” adding that “the clothes worn at the time of the incident (sic) were collected and sealed “.
How the horror unfolded
September 14: 19-year-old from Hathras admitted to JN Medical College in Aligarh with severe spinal cord injuries. FIR filed against a man from his village for attempted murder and under the SC / ST Law
September 22: The girl gives her statement to the police, saying that four men from the dominant caste had raped her. The medical-legal examination is carried out at the Aligarh hospital. Preliminary report says “signs of use of force”
September 23: Rape charges added to FIR
September 25: samples received by the forensic laboratory
September 28: The girl is referred to Safdarjung Hospital in Delhi. Doctors say you need surgery, but you can’t continue until you improve
September 29: Dies. Murder charges added to FIR
September 30: Body “forcibly” cremated in his village by the police and the administration
Oct 1: Forensic report finds no semen, post mortem report says cause of death was trauma
October 3: Aligarh hospital gives “final opinion”, says “no signs of vaginal / anal intercourse” and adds “evidence of physical assault”
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