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Report No. 84

III. Examination of The Victim

4.8. Section 164A, Cr. P.C. (To be added).-

We next deal with the victim. In many cases, the report of the medical examiner as to the examination of the female victim is also found to be somewhat cursory and does not give adequate information about the material particulars which are necessary for an adjudication as to the various ingredients of section 375. Further, it is sometimes noticed that the medical examination report is not sent promptly, to the investigating officer. As a result, the possibility of tampering with the report remains. In our opinion, the report of the examination of the victim in a case of rape should (besides containing the usual formal particulars) deal specifically with

(i) the age of the victim,

(ii) the question whether the victim was previously used to sexual intercourse,

(iii) injuries to the body of the victim,

(iv) general mental condition of the victim, and

(v) other material particulars in reasonable detail.

It is also necessary that the report should note the time of examination and be sent without delay to the investigating officer. It is very important that the report should state reasons for the conclusions recorded.



Rape and Allied Offences - Some Questions of Substantive Law, Procedire and Evidence Back




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