---------- Forwarded message ----------
From: *SUBRATA SARKAR* <[EMAIL PROTECTED]
<mailto:[EMAIL PROTECTED]>>
update on the issue of rape and sexual assualt on Radhararani Ari
1. Shas been discharged from the govt.-run hospital SSKm , kolkata
yesterday by the doctors.
2. The dischare record, ( acopy of which is in possession of APDR)
states ;
"superficial minor injuries at different locations witj cervical
erosion"...
3. Super of the hospital in the most unsual manner briefed the press
on 23 April/08 that she was not raped ; the statement was telecast
and appeared in the print media.
4. Radharani in a written statement demanded fresh independent
meical examination .
5. CPI(m).s bengali mouthpiece for last 3 days caiied the statement
of Radharani's father statement that she was with him at the time of
the incident and hence the case of rape on her daughter doest nt
simply arise and therefore, it is a false charge against the cpim
cadres.
6. Radharani, in a written statment dispited the claim of this
father; she said, she had no relation whatsoever with father for
last 2 decades; she is the daughter of first marriage of her father;
being cpi(m) man, father is trying to cover the crime committed on her.
7.medical board constitued for medical exmination of Radharani anf
the super who is also a doctor have violated the medical ethics and
code of practice in the following manner-
in the alleged rape case , it is claerly stipulated :
" it is therefore quite possible to commit legally the offence of
rape without producing any injury to the genitals or leaving any
seminal stains.In such a case the medical officer should mention
the negative facts in his reporty , but should not give his
opinion that no rape had been committed. RAPE IS CRIME ANT A
MEDICAL CONDITION. RAPE IS LEGAL TERM AND NOT A DIAGNOSIS TO BE
MADRE BY THE MEDICAL OFFICER TREATING THE VICTIM. THE ONLY
STATEMENT THAT CAN BE MADE BY THE MEDICAL OFFICER IS THAT THERE IS
EVIDENCE OF RECENT SEXUAL ACITIVITY .wHETHER THE RAPE IHAS
OCCURRED OR NOT IS A LEGAL CONCLUSION, NOT A MEDICAL ONE.'[Modi's
medical Jurisprudence and Toxilogy( 21st edition,4th
reprint,1993)page-369].
7. APDR has laready loded protes. Intellectulas like Suvaprasanna,
Saoli Mitra, Joy Goswami, Bibhas Chakraborty, and others protesred
.APDr is contemplating lagal step against violators of mecal ethics
and code of conduct.
8.It has been pointed out in media conference held on 23rd April,
that the testimony of the victim is of great value in conviction
and corroboration may not be insisted upon.The Sc in Rameshwar v.
state of Rajasthan[AIR,1952SC54] held that trhe necessity of
corroboration is a matter of prudenceexcept under certain
circumstances it is safe to dispense with it.In other judgments
[1983(3)SCC217, or AIR1990 SC658 0r famous Gur charan Singh
case[1972 2SCC749] Sc held helsd the similar view and thus setled
the legal position in this regard.
9. It is pertinent ot note that Radharani has now taken admission
in Sramajibi Hospital at Belur , Howrah. she is still traumatised.
sujato Bhadra
apdr
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