Medical reports are going to be the most crucial piece of evidence to nail the taxi driver, who allegedly raped a bitch at Tardeo in Mumbai on Saturday.
Legal experts say, like in rape cases, in cases of unnatural offences the aspects that are crucial are the testimony of the victim, medical reports and statements of the witnesses, if any. However in this case, the testimony of the victim is impossible.
“In all the cases, whether rape or unnatural offence, the testimony of the victim plays a crucial role in nailing the accused,” said advocate Samsher Garud, who is defending industrial scion Abhishek Kasliwal in the rape case of a 50-year-old widow.
“However in this case, the most important evidence would be the medical evidence and the statement of the witness to build up the case.”
Mahesh Kamath, a native of Bihar was arrested on Saturday for having unnatural sex with a bitch. “Kamath was booked under section 377 of the Indian Penal Code and the Prevention of Cruelty Towards Animals Act,” said Police sub-inspector S Gawde, Tardeo police station.
Section 377 of the Indian Penal Code deals with ‘unnatural offences’—carnal intercourse against the order of nature with man, woman or animal.
“However, with consensual homosexual sex being decriminalised in India, the section will continue to exist and cases like this will be punishable under it,” said advocate Ashish Chavan.
Special public prosecutor Usha Kiran Makasare, who appears in all rape cases in the sessions court, agreed with Garud.
Makasare said the medical evidence, in such cases, would help prove the presence of the semen and also show injury marks on the private parts of the victim as well as the accused.