The medical examination conducted by doctors at SKIMS medical college, Bemina has ruled out rape of minor girl of Sumbal area in north Kashmir’s Bandipora district earlier this month.
In contrary, Forensic Science Laboratory (FSL), Srinagar result of the underwear, seized by police from the accused, has substantiated that DNA profile of accused matched with the 3-year-old victim.
The case is sub-judice and the special court of District and session judge Bandipora would hear the case FIR No. 81 /2019 of police station Sumbal on June 1 against the accused Tanveer Ahmad Mir of Malikpora Trigam, Sumbal under section 5(m), 06 of Protection of Children from Sexual Offences (POCSO), 363 (Punishment for kidnapping), 342 (Punishment for wrongful confinement) and 376 (Punishment for rape) under RPC.
The police in its charge sheet state that they received a complaint on May 8 from a relative of the victim, stating that he along with the 3-year-old girl went to a local shop and bought chewing gums for her and sent her off to home while he himself went to offer Magrib (evening) prayers at a mosque.
The complainant has stated that as he came out of the Mosque after offering prayers, he heard the noise and found his sister-in-law crying.
“On inquiring the sister-in-law, he learnt that Tahir with a wrong intension abducted the minor girl and confined her in a local Government middle school and committed rape with her. The victim was bleeding from private part,” the complainant has stated.
The victim’s another family member has told the investigators that he caught the accused Tahir “violating” the child “red handed” and later the accused was handed over to Police.
Acting on the complaint, a case FIR No. 81 /2019 was registered in police station Sumbal, and the accused arrested.
During investigation, a Special Investigation Team (SIT) of police recorded statements of the witnesses.
Police also recovered three chewing gums and underwear with doubtful stains from the possession of the accused—the underwear was subsequently sent to FSL examination—and the victim’s medical examination was conducted at SKIMS medical college, Bemina.
“The medical examination of the victim was conducted and the material evidence was collected from spot and sent to FSL Srinagar. The oral testimonies and scientific evidence substantiated the charges levelled against the accused Tahir,” said a police officer.
Medical examination report
The SKIMS medical college doctors, who conducted the medical examination of the victim, have ruled out the sexual assault on the minor girl.
“The actual source of bleeding could not be determined as there was no evidence of any injury around the vaginal orifice. Also the blood stains were not ‘dry blood’ but faint stains only and could not be scrapped and send for examination,”
The report further states that the stains were very faint, almost negligible, and were not dried blood which could have been scrapped off from it and sent for analysis.
“There was no evidence of any trauma, injury, bleeding at or around the vaginal orifice or anal opening. Maculo papular rash can arise due to multiple of reasons,” reads the report submitted to the investigation officer of the case.
“There was no active bleeding from vagina or anus, the mere presence of the faint blood stains and a maculo papular rash on buttocks is not sufficient evidence to confirm that the child has been sexually assaulted,” reads the medical report.
The medical report discloses that it is very difficult to cause full penetration into the vagina without causing any major injury/tear, bleeding in a 3-year-old child than a major one.
“As per the detained examination of the child, there were no mraks of injury on any part of the body including the private parts. There was no active bleeding from vagina or anus the mere presence of faint blood stains and a maculo papular rashs is not sufficient evidence to confirm that the child has been sexually assaulted, added the report.
The FSL result of the underwear, seized by police from the accused, has substantiated that DNA profile of accused matched with the victim
During the FSL examining, the experts generated the DNA profile from the exhibit marked as (L)—cut piece of the underwear of the accused.
“The DNA profile generated from cut piece of the underwear of the accused suggests that it is a mixture of two sources—one of the contributors is a male and the other a female,” the FSL examination report reveals.
“The DNA profile generated from cut piece of the underwear of the accused further suggests that the male contributor is consistent with the profile generated from blood of the accused and the female contributor is consistent with the profile generated from the blood sample of the victim.”
The incident triggered widespread outrage in Kashmir with people demanding exemplary punishment to the accused and a youth was killed in clashes in Pattan area of north Kashmir’s Baramulla district.
A police source said the investigation in the case was conducted from all dimensions and all things have corroborated the complaint.
“There is direct, oral testimony, circumstantial and legal evidence against the accused. The case is sub-judice and the court will decide on it,” he said.