Even after the dying declaration of the Hathras gangrape victim, the ADG has denied its validity. His comment that because there was no sperm found, rape did not take place, is extremely daunting. The entire case is declared a debacle on the basis of the forensic report. Therefore, we spoke to Dr Dinesh Rao, a forensic expert, to shed some light on the same.
It is also important to note that the medical took place eight days later after the tragedy. Also, an attempt to sexual assault, whether it results in penetration or not, is considered as rape.
Dr Dinesh Rao clarifies this by saying that the presence of sperm is never a criterion for sexual assault. There are cases when the man cannot ejaculate even when penetration has taken place and in those cases, the sperm is never present. So the absence of sperm cannot be used as a valid point. He declares, “As per the Section 375 Amendment, it has been very clearly stated, any penetrative act, irrespective of the presence or absence of sperms always contributes to the sexual assault…”
He questions the doctors responsible for the report, the absence of clothes and the delay.