As soon as the investigator reaches the spot, he should block a large area surrounding the spot of occurrence with the caution tape to ensure that the evidence available is not corrupted or compromised in any way. Detailed and varied images of the place are captured using different types of lenses from different angles to enable the investigator to analyze the scene meticulously. The officer should take enough pictures of each evidence separately. The officers would then look for fingerprints using the fingerprint KIT. Tweezers, gloves, high-intensity lights, casting materials, disinfectants, plastic containers, zip lock covers are generally used to carefully seal the objects to be sent to the forensic department (Dr. Gupta & Agarwal, Forensic Science in Criminal Investigation & Trial (Prosecution and Defence), Premier Publications.). The investigating officer should look for traces of blood stains. If found should be allowed to dry completely and should be picked carefully using sterile cotton or gauze pad (R.N. Choudary, Expert Evidence (Medical and Non- Medical), Second Edition, Orient Publications). The ones collected should be immediately frozen and should be dispatched to the laboratory within 48 hours (Ibid). Apart from all these, the officer should prepare a document detailing the list of evidence collected at the spot.

COLLECTION OF EVIDENTIARY CLUES AT THE INCIDENT SPOT

It is mandatory on the part of the Investigator to prepare a sketch of the place in entirety. The investigating officer should include the exact location from where the evidence were picked and preserved. Special techniques and devices are used to pick evidence from the scene. They include fluorescent powders, chemical enhancements, and Long-Wave Ultraviolet lamps in tandem with UV sensitive camera to collect items which are generally imperceptible with the naked eye. The officer takes the assistance of other officials to take proper measurements of the room and the same is included in the sketch in appropriate scaling terms. The role of the forensic analyst in a crime scene investigation is so diversified that one specialized agency may not be wholly helpful in reconnoitering different varieties of evidence available. Owing to this, the officer may call different specialized agencies to the spot to assist the police in the investigation. They include criminalist, medical examiners, anthropologist, blood pattern analyst, fingerprint experts etc.

Once an item is picked up by the investigating officer as evidence, the same has to be documented as it is. For example, if the cloth is found to have seminal stains and if the entire fabric is collected as evidence, then the documentation should specifically indicate the exact spot of the stain on the cloth, its state (wet or dry), fabric material and whether the entire fabric is recovered as evidence or just the piece of cloth bearing the seminal stain. The officer should include the details of the items collected, the evidence number, case number, location, time written on the top of the container in which the evidence is stored (Crime Scene Investigation; A guide for law enforcement; National Forensic Science Technology Center, September, 2013).

PURPOSE OF FORENSIC AND MEDICAL EXAMINATION

Forensic and Medical Examiners comes into the picture for the following purposes :-

a)      The sexual act should be examined to know the fact that whether it was attempted or completed. A sexual act not only means penetration by the penis but also slightest penetration of the vulva by the penis such as the minimal passage of the glans between the labia with or without emission of semen or rupture of the hymen.

b)      Whether the sexual act took place recently.

c)      Whether the act was forcible. Any harm caused would be documented through examination. This not only includes injuries inflicted on the victim by the accused but also the other way round.

d)     Providing treatment for the sequelae of the assault and refer to appropriate persons/agencies for further help.    

Consent must be obtained by the victim for medical examination as per Section 164 A of Criminal Procedure Code (CrPC). Furthermore, to interrogate a victim who has been sexually assaulted, it is mandatory to take the consent of the victim. Hence, Consent is mandatory for both collection of evidence as well as examination. In certain cases where sexual intercourse is proved and a question arises with regard to the consent of the women wherein the victim states that she did not consent before the court of law. The same shall be construed to be true as per Section 114 A of the Indian Evidence Act, 1872. Consent must be obtained by following the procedures and conditions :-

·         Firstly, the consent form must be signed by the victim who is above the age of 12 years or  must be obtained from the guardian/parent, if the victim is below the age of 12 years or if the victim is unable to give consent as per Section 89 of IPC.

·         The consent form must be signed by three persons i.e., the victim, a witness and the examining doctor. Here, the witness has been defined as any mentally sound person who is a major in the hospital. A witness may be a nurse or a hospital employee. A police or any relative of the victim cannot be considered as a witness.

·         The doctor must explain clearly about the importance of the examination. At any point in time, if the victim or the guardian refuses to give consent for any part of the examination, such informed refusal for examination must be documented as per Section 164 A of CrPC.

·         At any stage, if there is any refusal or the victim demands to stop the examination, it is to be noted that it does not reflect on the quality of the treatment.

·         If the victim decides not to submit the evidence to the Forensic Science Laboratory (FSL) and instead reveal all the information to the police authorities for the purpose of investigation, then the victim should be well-informed that at a later stage if she wants to pursue a legal course of action, the compiled evidence can be used to seek justice.

·         The medical examiner is not bound to inform the police if the victim shows up in the hospital for the purpose of treatment only as per Section 39 of CrPC. One cannot force a victim to undergo a medical examination.

·         Earlier the victim's medical examination took place only after receiving a police requisition. The Supreme Court in Manjanna Vs State of Karnataka (AIR2000SC2231) held that it is not compulsory to receive a police requisition for a victim to seek a medical examination. The doctor can examine the victim even without FIR.

·         The requisition must be given from the police station/court in which the case is booked and the investigating officer (minimum rank of sub-inspector of police) of the case should forward the requisition for medical examination. 

DEFENCES TAKEN BY THE ACCUSED TO ESCAPE THE LIABILITY

        i.            DEFENCE OF CONSENT

Any person accused of the offence generally takes either the defence of victim’s consent or the defence of impotency. When the alleged accused takes the former defence, then medical examination could ascertain the reality behind the enmeshed facts. The bodily injury consistent with the forcible act by the aggressor, injury to the private parts of the woman i.e. torn hymen, vulva, and the extent of bleeding would determine the nature of the act. However, the inference obtained through this cannot be the sole ground for conclusively arriving at the premise of guilt or innocence (Ms. Shivangi Vyas, Mr. Shubham Kejriwal; Critical analysis of the relevancy of the medical and forensic evidence in the rape cases, Bharthi Law Review, Jan.- Mar., 2016). When the victim is a married woman, the presence of seminal stains either on her body or in her clothes, torn hymen or vulva does not necessarily indicate the sexual assault by the accused as her recent sexual relationship with her husband would have lead to such effects to her bodily parts.

      ii.            DEFENCE OF IMPOTENCY

If the accused takes the defence of impotency, then the investigating officer is bound to conduct the impotency test to ascertain the veracity of his defence. Impotency refers to a state where a man cannot maintain his penile erection and it also indicates the person’s inability to have sexual intercourse with any other person. Though penetration is not necessarily required to constitute an offence as per the Indian Penal statute, impotency test of the alleged accused assumes great importance. In any sexual assault case like rape, sodomy or molestation, the investigator might opt for a potency test of the accused to eschew the defence of his impotency. In simple words, impotency refers mainly to the erectile dysfunctioning. Unlike sterility, the state of impotency is not necessarily immutable. Impotency does not explicitly indicate the inability of a person to have sexual intercourse. A person may have been impotent during the alleged incident of rape and he could have obtained potency any time afterwards and vice versa. Thus this test is not conclusive to determine the culpability of the accused arraigned (Dr. Subrahmanyam’s Medical Jurisprudence and Toxicology, Law Publishers India Pvt. Ltd., with a foreword by Hon’ble Justice Shri G.V. Seethapathy, High Court of Andhra Pradesh, Hyderabad).

ROLE OF MEDICAL EXAMINERS/HEALTH CARE PROVIDERS

Medical examiners play a dual role with regard to a sexual assault victim. Firstly, the medical examiners provide the required treatment to the victim and Secondly, the examiners assist in the victim's medico-legal proceedings by collecting as much evidence and to document the same. The main objective of the medical examiners is to ensure a "Comprehensive Response to the Victims of Sexual Assualt".

The main components are as follows :-

·         Provide all the essential requirements for the victim of sexual assault.

·         Establishing a uniform method by following the protocols of Sexual Assault Forensic Evidence (SAFE).

·         Obtaining consent for examination as well as evidence collection and educating the victim about the police procedures and

·         Maintaining a clear and fool-proof chain of custody.

MEDICO-LEGAL EXAMINATION OF THE VICTIM

The medico-legal examination includes the complete history of the victim along with the various other examinations.

·         HISTORY

The main purpose of history is to gather the necessary information which will help in the management of the case. History includes the general history, Medical history and sexual assault history.

GENERAL HISTORY

General history includes information such as the name, age, sex, address and contact number of the victim. It also includes information about the police case registered, marks of identification and date, time and place of examination. In-depth examination is not needed to acquire such information.

MEDICAL HISTORY

Medical history includes past history of pregnancy, abortions etc. Information pertaining to past or most recent consensual sexual intercourse are recorded although it is considered as an invasion to one's privacy. Such things are set aside and are regarded as irrelevant in case of sexual assault. Furthermore, a detailed history of the menstrual cycle including the frequency, regularity and volume of the menstrual bleed are taken into consideration. Information related to past abuse should be recorded and must be kept in mind during examinations and interpretation of findings. Relevant surgical and medical history has to be noted.

SEXUAL ASSAULT HISTORY

Following points needs to be recorded and should be taken into consideration while taking the history of the incident :-

·         The history of the incident must be documented specifically in victim's own words as it can be used as an evidence before the court of law.

·         Date, time and location of the incident.

·         Specific nature of the incident.

·         Whether the penetration was oral, anal or vaginal.

·         Whether the penetration was consummated or it was just an attempt with penis, finger or any other sexual objects.

·         Whether the victim has undergone any pain at the time of the incident or subsequently.

·         Whether any body fluids were left on the victim.

·         If by any chance the victim is able to recall information related to the number of assailants and their physical description.

·         Whether there was any kind of usage of condoms/foam /jelly/lubricant.

·         Whether there were any kind of injuries, threats or weapons used.

·         EXAMINATIONS

Examinations are conducted in the presence of another female nurse. Before conducting any kind of examinations the victim's consent is mandatory. The examinations must be done gently and the examiner must ensure total privacy before the commencement of any enquiry related to the case.

GENERAL EXAMINATION

·         First and foremost an informed consent from the victim has to be taken in a written form for any kind of examination.

·         The general mental condition of the victim has to be considered before examining the victim.

·         Vital parameters such as blood pressure, pulse, temperature, respiration are recorded.

·         At least two marks of identification must be recorded.

·         Signs of intoxication by ingestion/injection of drug/alcohol.

·         General examination undertakes by inspecting the body of the victim for any kind of bruises, scratches, bite and other injuries.

·          Description of all types of injuries should be documented i.e., whether it is an abrasion, laceration, incised etc.

·         Fingernails are examined for any kind of damage or any material which might have accumulated under it. If found, it is scrapped and preserved in a cellophane packet clearly labelled and sent to forensic science laboratory for further examination.

·         Possible usage of a weapon of infliction such as hard, blunt, sharp etc must be recorded.

·         Description of type, color and size of stains present in the body.

·         A follow-up examination is necessary as some injuries/bruises might be only visible after 48 hours.

LOCAL EXAMINATION

The victim is made to lie in a lithotomy position for external and internal examination. While inspecting the introitus following details are looked for :-

·         Whether the hymen is ruptured or not.

·         The nature, site and extent of damage caused when the hymen is ruptured.

·         The age of the injury must be noted.

·         Presence of intact hymen should be documented.

·         Bimanual examination of the uterus takes place to assess the size and consistency of the uterus.

·         The anoscopic examination takes place in case of anal bleeding or severe anal pain or any presence of foreign body in the rectum. Anoscopy is a method to look into the anus, anal canal and lower rectum.

·         Colposcopic examination arises only when the injuries are dreadful. It is a medical procedure which takes place to examine the cervix and abnormal cells.

·         Toluidine Blue Dye Test is used to identify any recent genital and perianal injuries and the same is documented.

LABORATORY EXAMINATIONS/FORENSIC EVIDENCE COLLECTION

The materials gathered during the general and local examinations are generally sealed, labelled accordingly and sent to the laboratory for further examination. The reason behind collecting forensic evidence determines 3 main factors i.e., the nature of the assault, time lapse between assault and examination and whether the victim has bathed herself since the assault. Reporting time of the victim plays a pivotal role. If the victim reports after 96 hours (4days) of the assault, firstly all swabs must be collected as there is a mere possibility of finding evidence after 72 hours (3 days). Following material evidence are sent to a laboratory for further evaluation :-

·         A piece of cloth which contains stains of blood/semen/mud/dirt.

·         Scrapings from fingernails.

·         Victims pubic hair and clippings are sent for comparison.

·         Any kind of foreign debris over the victim's body such as hair/fibre.

·         Posterior Fornix and vaginal washings are sent for histochemical and histological examinations to detect seminal fluid.

·         Vaginal swabs are sent for detection of spermatozoa or any kind of sexually transmitted diseases from the assault.

MEDICO-LEGAL EXAMINATION OF THE ACCUSED

In the case of examining the accused, consent is not mandatory. It should be noted that the same physician who had examined the victim must also examine the rape accused. While examining the accused following points has to be taken into consideration :-

·         Recent seminal stains on the clothes and garments.

·         Genitalia is examined for the presence of any kind of disease or deformity.

·         The shaft of the penis is examined for the presence of vaginal epithelial cells. Such examination takes place by wiping the shaft by clean moist filter paper and then it is exposed to vapours of Lugol's iodine which is a disinfectant. 

·         Signs of any forcible sexual intercourse by the accused over the victim.

·         Presence of any kind of blood stains i.e., fresh/dried.

·         Presence of any tear of the frenulum.

·         The penis is washed with saline to examine for any kind of presence of vaginal epithelium.

·         Sexually Transmitted Diseases are examined by serological examination of blood and by bacteriological examination.

ROLE OF FORENSIC SCIENCE TO DECLUTTER A CASE

Usage of the advanced technologies in tandem with the traditional methods of investigation disentangles the cluttered links of a criminal case. It includes a broad spectrum of technologies used at the laboratories handled by the forensic technicians having expertise in it.

The word “Forensic” denotes the scientific techniques used in identifying the nature, cause, effect and varying possibilities in relation to the subject in question. Forensic Science in criminal investigation refers to the usage of advanced devices and approved techniques to cull out an inference relating to the enmeshed facts (Modi’s Medical Jurisprudence and Toxicology, 22^nd Edition (Student Edition) Edited by BV Subrahmanyan, Lexis Nexis).

QUALIFICATION OF THE FORENSIC EXPERTS

The expert conducting the analysis should have requisite qualification as being prescribed by the government from time to time. The expert should at least have a bachelor’s degree in biology, chemistry, and any of the other forensic sciences. Knowledge of Bio-Chemistry, coursework or training in statistics, population genetics etc. are some other requirements. The experts are referred by different names such as Forensic examiner, Forensic Laboratory Analyst, Forensic Scientist (A simplified guide to DNA Evidence, Forensic Science Simplified, Available at http://www.forensicsciencesimplified.org/dna/how.html#top).

FORENSIC EXAMINATION OF THE ITEMS RECEIVED

The investigating officer has to collect the dresses worn by the victim at the time of the offence especially the undergarments of the victim. The clothes collected should be packed separately to make sure that the quality of the evidence is not meddled with. The officer should also collect the clothes of the suspected accused to send the same for forensic examination. The blankets and sheets related to the bed where the alleged sexual offence took place should also be necessarily collected as evidence. In sexual assault cases, the investigating officer might look for evidence such as blood stains, semen, hair, saliva, skin residues, tissues and cells etc. These evidence totally explain to the nature of the offence, who committed the offence, the number of people involved in the offence and other related details.

        i.            FORENSIC ANALYSIS OF SEMINAL STAINS,  TRACES OF SALIVA, BLOOD STAINS AND OTHER BODILY FLUIDS

Visual lighting techniques are generally used to identify the seminal stains. But these methods hardly succeed in discriminating other such fluid stains of similar composition. Long-wave Ultra Violet rays are also used to establish the presence of stains. The examiner has to take precaution by wearing protecting apparel against such lamps. Seminal stains are not conspicuous to the naked eye (Forensic Science in Criminal Investigation and Trial (Prosecution and Defence) by Dr. Gupta and Agarwal, Premier Publishing Company, Pg. No. 503).  It is pertinent to note that seminal stain is yellowish in colour when found from light coloured clothes and looks white on dark coloured clothes. Sometimes, they may also appear to be crusty.

Evidentiary collection of fluids and stains from the crime scene may require various substances such as paper bindles, sterile swab storage container, knives, scissors, protective gloves and other such storage materials for storing them in the way prescribed. The damp blood stains should be picked with dry sterile cotton swabs and dry stains from moistened cotton swabs. If the entire garment is collected, it should not be crumpled. The samples collected should not be exposed to strong sunlight or UV light (Ibid).

The Seminal stains look dark under the influence of Ultra Violet rays. It is advisable to collect the entire item bearing the stain. If the entire item cannot be collected as a whole, then the stained portion has to be cut from the whole material. Initially, a sterile cotton swab should be moistened in distilled water. Then the swab would be used to pick the stain from the fabric and is air dried before placing it in the bindle.  Used Beverage bottles, cigarette buds and other such items are good evidentiary materials to collect traces of saliva. Generally in sexual assault cases, swabbing the breasts of the women would be useful in collecting the stains of saliva of the accused. The presence of seminal stains, blood marks, foreign hairs, saliva, foreign cloth fibres, and other materials helps immensely in proving the identity of the accused through DNA profiling and fingerprinting methods.

DNA PROFILING

DNA can be defined as deoxyribonucleic acid, a self-replicating material which is present in nearly all living organisms as the main constituent of chromosomes (B. S. Nabar, Forensic Science in Crime Invesitgation, 3^rd edition, Asia Law House, Pg. No. 353). It is the carrier of genetic information. Through a process called DNA Profiling or DNA fingerprinting, an individual’s unique and distinctive characteristics can be determined. This process is greatly helpful in the criminal investigation as it indubitably indicates the person to whom the traces of evidence belongs (biologically) by testing it against the samples collected from various suspects of a case. Myriad of biological materials are used to determine the DNA profiles. These include saliva, blood, semen, urine, faeces, tissue, bone etc. The investigating officer may look for certain items at the place where the sexual assault happened, for enabling DNA profile process. The list is not exhaustive in nature. It mainly includes weapons, tools, clothes including undergarments, blankets & bed sheets, cigarette buds, toothpicks, toothbrush etc.

Once the DNA samples are collected through seizure at the spot of the incident, the same is tested against the known biological samples of the suspects. These samples are referred to as reference samples. In some jurisdictions across the world, the DNA samples of the suspects in a case are collected mandatorily during the arrest itself. In certain countries, the police authority doesn’t have the power to collect the samples without the permission of the court (Ibid). Such samples are also collected from the husbands of the victims, the police authorities conducting the investigation at the spot, the forensic expert conducting the examination to exclude them from the investigation. This is called Elimination Sampling.

The samples collected from the incident spot undergo a rigorous procedure to cull out the inference. As a first step, the DNA is extracted from the cell. Then the examiner calculates the amount of DNA available for further processing. Multiple copies of DNA are generated for characterization. Then the amplified DNA is separated for further identification. Then comes the most important of all steps where the copies generated through the above procedure is compared both quantitatively and qualitatively against the known data samples. The last step involves reviewing the reports for obtaining accurate inferences.

If the copies generated don’t match with the known samples collected during the investigation then the copies of the amplified DNA can be tested against the DNA database available at DNA indexing systems. It includes the DNA profile of the convicted offenders, forensic unknowns, missing persons, biological relatives of the unknown persons, unidentified human remains to secure a lead in the investigation.

CONCLUSION

The authors of the research article would like to conclude by stating that each department of the investigation, relating to a sexual assault case plays a pivotal role as it brings justice to the exploited victim. The rate of convictions is proportionally lower compared to the number of cases registered because of lack of sufficient evidence proving the guilt. The investigating officer along with the forensic and medical experts should be extremely fastidious in disentangling the complicated links. Furthermore, the evidence gathered has to be scrutinized and evaluated conscientiously as even a minute piece of evidence can bring a drastic change to the fate of the case.