In­ter­course the­ory takes a knock

The Times of India (New Delhi edition) - - TIMES CITY | AARUSHI VERDICT - Ab­hi­nav.Garg@ times­group.com

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.

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