The forensic science laboratory (FSL) report which said that the Hathras case victim was not raped "holds no value" as the samples were sent 11 days after the alleged torture and gang-rape of the 19-year-old Dalit girl, said Chief Medical Officer of Aligarh Muslim University’s (AMU’s) Jawaharlal Nehru Medical College.
“The samples were collected 11 days after the woman was allegedly raped, while government guidelines strictly say forensic evidence can only be found up to 96 hours after the incident. This report can’t confirm rape in this incident,” Dr Azeem Malik, the CMO, told The Indian Express.
Dr Hamza Malik, President of the Resident Doctors’ Association at Jawaharlal Nehru Medical College, said that the sperm doesn’t survive after 2-3 days. Calling the report “unreliable”, he said, “How will the FSL team find evidence of rape 11 days later? Sperm doesn’t survive after 2-3 days. They took samples from hair, clothes, nail bed and vaginal-anal orifice; the samples may not show presence of semen because of urination, defecation and menstruation.”
Earlier, Uttar Pradesh ADG (Law and Order) Prashant Kumar had said that the victim the was not raped. He cited the FSL report said, "The report of the FSL has also come. It says clearly that samples did not have sperm. It makes clear that there was not rape or gang rape."
For the uninitiated, the victim was allegedly tortured and gang-raped on September 14 by four upper-caste Thakur men before succumbing at Delhi's Safdarjung Hospital on Tuesday, October 2.
After the alleged attack, she was first admitted at the AMU Hospital. However, she was able to provide the details of the alleged sexual assault after she regained consciousness on September 22. Her statement was recorded and relevant sections of rape were added to the FIR. The FSL then received the victim's samples on September 25 – 11 days after the attack.
Meanwhile, Uttar Pradesh Chief Minister Yogi Adityanath has transferred the case to the CBI on October 3.