Hathras case: No meaning of FSL report after 11 days of rape, says CMO, Aligarh Hospital
The CMO of Aligarh Hospital clears the confusion about discrepancy in medical examination report and the Forensic Science Laboratory report of the Hathras victim
A new debate has erupted in Hathras gang-rape issue over the victim’s medical examination and the FSL report. ADGP Prashant Kumar of UP Police said that rape has not been confirmed in the FSL report. Earlier, a medical examination report released by JN Medical College, Aligarh had mentioned 'vaginal penetrations' and signs of the use of force.
In this debate, as part of our efforts to have a clear picture, we have spoken to Dr. MA Malik, CMO of Aligarh Hospital. Here are excerpts from the interview:
When was the victim admitted into this hospital and what was her condition at that time?
Dr. MA Malik, CMO of Aligarh Hospital: She was brought here on 14th (September). The emergency wing of our medical staff had attended to her. At that time, her tongue was slit. There was a deep mark on her neck. Both her hands and feet had stopped working. She was not able to sit. This happens in case of spinal injury. Her eyes were also swollen. The day when she came, she was unable to speak. Her parents told us the patient’s history.
You were told at that time that she was raped?
CMO: No, at that time no one told us that, and she was unable to speak. Her parents only told us that someone had tried to strangulate her. So, we admitted her in the neurosurgery department. We started treating her. She was kept in a high dependency unit. She was referred here from Hathras.
When did rape first come up?
CMO: We do not record the statement until the patient starts talking properly and is in a condition to give a statement. Meaning we cannot record that. We were told on September 22 by the neurosurgery department that the patient can now give a statement, so we should now call the magistrate. Then we called the magistrate and he came at 5 pm in the evening of September 22. At that time, I myself was on duty and I accompanied the magistrate. A lady nurse was also with her. When the magistrate records the statement , the doctor’s responsibility is to keep checking if the patient is properly conscious or not; is the patient is fit enough to give the statement or not. After that we move back. We did precisely this and the magistrate recorded the statement. Although my staff told me that the patient had told them that vaginal penetration had taken place. After that we got the examination done.
Your medical report (MLC) says that the vaginal penetration took place…
CMO: The day that girl gave the statement to the magistrate, that very morning, the victim had told the same thing to our sister (staff nurse). This sister is a witness for SIT. My staff also told me that the patient had told them that vaginal penetration by penis had taken place.
Their statements have also been recorded. The meaning of vaginal penetration is that an external object has entered vagina. Whatever we found out in our medical examination we have written that. FSL report has been delayed.
Then how has the UP Police been saying that rape did not take place?
CMO: They are saying so on the basis of FSL report. We sent our report to the forensic lab without giving our opinion. We know that a doctor should neither confirm nor deny sexual violence. This is the protocol given by the Health Ministry. This report has been written by the doctor who examined her. He has written based on tests that signs of force and coercion are there.
The sample for FSL was taken on September 25, 11 days after the incident. In that sample, sperms have not been found. The sperms can’t be found in a rape victim after three to four days of the act. In such a situation, there is no possibility of finding sperm after 11 days. That is why the victims are usually asked not to wash, take bath or change clothes. It is not possible to find sperm or ova in the swab sample after so many days. When the victim had come to the hospital her clothes were clean and washed. Her undergarments were also changed.