Aligarh: The Hathras rape case that has been simmering in Uttar Pradesh for over a week now still has important questions unanswered related to the incident.
Even though the Uttar Pradesh government has constituted a special investigation team (SIT) to probe the incident and even requested a CBI inquiry by the Centre, many crucial details remain amiss.
The post-mortem report, the victim's dying declaration, statement to the magistrate, state police's inefficiency, changing claims by the doctors, everything is odd in the case.
What was the incident
On the morning of 14 September, the incident took place in Woolgadhi of police station Chandpa, after which the mother-daughter alleged that a man came and attacked the daughter. On September 22, at the medical college, the victim accused the four of rape.
Four people were arrested in this case but still, the matter did not calm down and on 29 September the victim died in Safdarganj Hospital who was earlier being treated at JN Medical College in Aligarh.
Contradicting facts in medical report
The victim was first taken to the district hospital in Hathras from where doctors referred her to JN Medical College, Aligarh, citing a neck injury.
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After a check-up of the victim injuries were found on the neck, shoulder, and back. After the victim's statement on 22 September, the Medico-Legal Investigation revealed signs of rape but the same could not be confirmed in the forensic lab.
The same post-mortem report did not say that rape was done. But the membranes of the vaginal portal were damaged and the wounds healed leading to questions. However, before the death of the Hathras gang-rape victim, a video also went viral where she has alleged rape.
Victim alleged rape
At the same time, Dr. Tabish, who was treating the gang-rape victim in Medical College had given a statement on the second day after the victim's death that she told that she was raped. She was gravely injured and could not move, however, when she started healing, gynaecologic and forensic investigations were done.
The report of which is said to be confidential. Dr Tabish said that the way in which the victim's medical history came to light, treatment was done in that way.
What is Dying Declaration
Regarding dying declaration, Dr. Hamza Malik, President of JN Medical Association said that if the patient is very serious and the doctor feels that s/he will not survive their statement is taken in front of the magistrate, police officers, and the doctor.
He told that the junior doctors at JN Medical College were engaged in the treatment of the victim and they said that when the dying declaration is taken, the members of the family were not with them at that time.
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He said that dying declaration has been given importance under section 32 of the Indian Evidence Act and that the doctors who present the evidence will present it in the court.
Importance of statement before magistrate
Senior Advocate Mukesh Saini said that the statement that the victim makes before the magistrate is very serious and it is considered to be the last statement.
He also said that it is not necessary that the Investigation Officer should file charge sheet based on that statement and the best statement is considered to be one in which the presence of the Investigation Officer, the Court and the doctor is definitely there.
However, there is a situation of confusion in the statement of 164 by the Magistrate's understanding victim.
