Intercourse theory takes a knock
New Delhi: A medical expert who insisted sexual intercourse between Aarushi and Hemraj was the motive for their murder cited his “marital experience” as the reason for his claim. Dr Naresh Raj, who conducted the autopsy of Hemraj, concluded that the dead man’s swollen penis proved he had sex before being killed. When an incredulous Allahabad high court bench examined his testimony to find out why he gave such an opinion, it found he had stated “on the basis of my marital experience I have stated that the reason for the swelling in Hemraj penis was that either he was in the midst of sexual intercourse or was about to indulge in the same.”
Dr Sunil Dohre, who had conducted the postmortem of Aarushi, told the trial court that her vaginal cavity contained a white colour discharge suggesting sexual assault. The bench pointed out that Dohre didn’t give “even a faint indication” of sexual intercourse either in the postmortem report or in his next three statements to the prosecution. It was in his fourth statement given in court that he made the claim which formed the basis for CBI’s allegation attributing a motive to the parents — that Aarushi and Hemraj were caught in the midst of sexual intercourse. Such “material improvements were a matter of subjective findings which have no place in forensic science,” observed the court.
The testimony of Dr Mohinder Singh Dahiya, a forensic doctor who investigated the crime scene but believed an investigator’s claim to record in his official report that Hemraj’s blood was found on the pillow in Aarushi’s bedroom, strengthening the sexual intercourse theory, also came under scrutiny.
The court found that CFSL had after forensic tests detected blood and DNA of Aarushi alone on the bedsheet, pillow along with cover and part of mattresses. Dr B K Mahapat- ra, DNA expert, and Suresh Kumar Singla, serologist, confirmed this in court.
It was left to gynaecologist Dr Urmila Sharma to rebut the testimonies of the three doctors. Dr Sharma testified that presence of the white colour discharge was normal as this starts in every girl between 13 and 14 years of age when hormonal changes start taking place in the ovary after the beginning of a menstrual cycle.
She explained that the vaginal orifice is open only in those women who have given birth to several children when Dr Dohre had claimed that Aarushi’s vaginal cavity was prominently open and the cervix and entire vaginal canal was visible when he conducted an external examination. The swelling of Hemraj’s penis was attributed to his body lying on the terrace for more than 24 hours in heat.