New Delhi : A Delhi court has directed the Centre to sensitise police officials about the proper collection of biological evidence in cases of digital rape, highlighting the importance of specimens like nail clippings and finger swabs. This directive came as the court convicted a man for raping a minor, marking a significant step in ensuring a more thorough and systematic approach to handling evidence in such sensitive cases.
The court’s emphasis on optimising biological evidence collection aims to strengthen investigations and improve the chances of securing justice. Biological evidence, particularly in sexual assault cases, is essential for DNA analysis, which plays a critical role in confirming the identity of the perpetrator and linking them to the crime.
The term “digital rape” does not refer to any online or virtual crimes but is used to describe a non-consensual assault where the perpetrator uses their fingers or toes to touch the private parts of the victim. It is a term increasingly used in legal contexts to differentiate this form of sexual assault from other types of abuse. Digital rape is a severe violation, as it involves the invasion of a victim’s body through inappropriate and forceful contact.
In this case, the court was hearing the conviction of a man charged under the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act for aggravated penetrative sexual assault on a minor. The offence occurred in October 2021, and the crime was substantiated by ocular, medical, and forensic evidence, establishing the guilt of the accused.
Additional Sessions Judge Babita Puniya, in her January 17 order, noted that the prosecution had successfully established the circumstances of the crime, including testimony from the survivor’s mother, who reported hearing the victim’s screams and finding her in the accused’s lap. Medical evidence showed injuries on the survivor’s intimate parts, further corroborating the assault.
The court, however, pointed out a significant oversight in the investigation. Despite the case being one of digital rape, the authorities failed to collect crucial biological evidence such as the accused’s nail clippings and fingernail scrapings. These materials could potentially provide vital DNA evidence to strengthen the case.
In response to this, the court recommended that medical examinations in cases of digital rape should involve pediatric gynecologists, especially when the victim is pre-pubertal. It also directed that a copy of the judgment be sent to the Union Ministry of Home Affairs and the Delhi Police Commissioner to ensure compliance with the court’s recommendations and take necessary actions to improve evidence collection in such cases.
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