Hathras case: Presence of semen on victim's body not essential for prosecution in rape, say experts

Dismissing the Uttar Pradesh ADG Prashant Kumar's statement over Hathras incident, experts claimed that the presence of sperm cannot be an essential ingredient to prove the crime. If the medical examination was conducted immediately after the rape, there would be the presence of semen, otherwise won't, noted the expert.

New Delhi: Legal experts on Thursday debunked the theory propounded by the Uttar Pradesh Police that absence of semen from the body of Hathras victim suggested that she was not raped, saying the presence of sperm cannot be an essential ingredient to prove the crime.

Senior advocates Rebecca John and Vikas Pahwa told a news agency that absence of semen on the body of alleged gang-rape victim as claimed by the police in the forensic report was of no consequence for the prosecution of accused persons for the offence as there was a dying declaration that cannot be discredited.

So what (the semen was not found)? The offence of rape doesn't require its presence. And anyway there was a dying declaration.

Some extraordinary evidence will be needed to discredit the dying declaration, John said.

Agreeing with her, Pahwa said the presence of semen was not an essential ingredient and among the essential ingredients to establish that she was gang-raped were victim's oral statements and injuries on her body etc.

The body can be washed, cleaned. It depends. It is also to be seen how much time difference was there between the offence and the medical examination. If the medical examination was conducted immediately after the rape, there would be a presence of semen, otherwise won't, explained the expert.

If she goes to washroom etc. after the offence, the semen might be washed away, he said.

John further said since the victim is dead, the main prosecution now would be for murder.

Murder and the stringent SC/ST Act would also come, she said. The views of two noted criminal lawyers assume significance as Uttar Pradesh Additional Director General of Police (Law and Order) Prashant Kumar on Thursday said that the forensic report of the Hathras victim shows that the woman was not raped.

"The forensic science laboratory report clearly says that sperm was not found in the samples collected from the woman The report has made it clear that the woman was not raped, Kumar said in a press conference.

The woman was allegedly raped at a village in Hathras by four men on September 14. After her condition deteriorated, she was referred to the Delhi's Safdarjung hospital where she breathed her last on Tuesday.

PTI