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Kolkata rape-murder case: What a lawyer told the Supreme Court about the crime

Sep 09, 2024 02:32 PM IST

A lawyer appearing in the RG Kar case said that the forensic report confirms the junior doctor was found in a semi-nude state with injury marks on her body.

A lawyer on Monday told the Supreme Court that the victim's vaginal swab in the Kolkata rape and murder case was not preserved at the required 4 degrees Celsius.

Supreme Court of India(HT File)
Supreme Court of India(HT File)

The lawyer said that the forensic report confirms the junior doctor was found at 9:30 am in a semi-nude state, with her jeans and undergarments removed and injury marks on her body.

“The vaginal swab had to be preserved at 4 degree centigrade. Three doctors purposely did not preserve it at 4 degree centigrade. Now that sample might be contaminated,” he added.

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Solicitor General Tushar Mehta said that in cases of rape and murder, the first five hours are crucial. During this period, the area should be cordoned off to prevent anyone from entering the crime scene and taking photographs, he added.

“On the receipt of information regarding an offence, there has to be an FIR. Without an FIR, Section 176 (3) cannot come into play. The forensic team was at the scene in the afternoon. They could have been called under Section 176, but there has to be a prior FIR because if there is no case, the forensic team cannot be called,” said the lawyer.

He also informed the apex court that the victim's legs were positioned at a 90-degree angle, which would require broken hips. He urged the bench to review the postmortem report to determine if the X-ray plates were handed over to the CBI.

Read: Kolkata rape-murder case: 23 died due to doctors' strike, Bengal government's lawyer tells Supreme Court

“When the body is dispatched for postmortem after inquest, there must be something for the doctors to look at,” said the CJI.

Senior lawyer Kapil Sibal, representing the West Bengal government, said that the dead body challan, which was provided to the victim's family has been submitted. However, he said he could not see the document immediately.


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