Lawstreet Journal

Jammu and Kashmir HC directs Trial Courts to desist from undertaking ‘Two Finger Test’ and to avoid disclosing rape survivors identity

Lawstreet Journal 30 Dec 2020 9:54pm

Image courtesy: Lawstreet Journal Judiciary Jammu and Kashmir HC directs Trial Courts to desist from undertaking ‘Two Finger Test’ and to avoid disclosing rape survivors identity

A Division Bench of the Hon’ble High Court of Jammu and Kashmir, consisting of Acting Chief Justice Rajesh Bindal and Justice Sanjay Dhar, in the case of State of J & K V/s Md issued directions to all the health professionals of Union Territory of Jammu and Kashmir and Union Territory of Ladakh to strictly desist from undertaking ‘two finger test’ known as ‘per-vaginum examination’ on the rape survivors.

Factual Background

It was found that the prosecutrix had been kidnapped and taken away by the respondent in a car. On 15.12.2014, the prosecutrix was recovered from the custody of the respondent/accused. After investigation of the case, it was found that the prosecutrix, after being kidnapped, was raped by the respondent and accordingly, charge-sheet for offences u/Ss. 363/376 RPC was laid before the trial Court. 
 

Case of the Petitioner- the State

The learned trial Court disbelieved the statement of the prosecutrix on technicalities and for flimsy reasons.

Reasoning and Decision of the Court

The Court recorded its observations with respect to the following two aspects: (a) Mention of the prosecutrix’s name at several places in the judgment, (b) “two finger test” to which the prosecutrix was subjected.

Mention of the prosecutrix’s name

The first such thing being the mention of prosecutrix’s name at several places in the said judgment- which the Court held to be impermissible in law. Although, prohibition contained in Section 228A may not strictly apply to the judgment of a Court, yet the Courts must avoid disclosing the name of prosecutrix in their orders and judgments, so as to avoid embarrassment and humiliation to a victim of rape. Therefore, Courts have to act responsibly and with sensitivity while dealing with… Continue Reading...


Tagged: jammu and kashmir  
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