Detailed_Examination_of_Sodomy_Cases_Presentation.pptx

Describe and discuss examination of accused and victim of sodomy, preparation of report, framing of opinion, reservation and despatch of trace evidences in such cases.

1. Examination of Accused and Victim in Sodomy Preparation of Report, Framing of Opinion, and Handling of Trace Evidence Forensic Medicine Lecture – October 2025 By: [ Dr. Roshan Vyasabhat MMBS,MD ] Dept. Forensic Medicine & Toxicology

2. Definition and Legal Context • Sodomy = Anal sexual intercourse between male and male or with object. • Classified under 'Unnatural Sexual Offences' – Section 377 IPC. • Medico-legal importance: Evidence collection, documentation, expert testimony. • Purpose: Provide care, collect proof, support justice system.

3. Aims of Examination 1. Provide medical and psychological care. 2. Record injuries and clinical findings objectively. 3. Collect, preserve, and document trace evidences. 4. Establish scientific correlation between history and findings. 5. Assist legal authorities through accurate reporting.

4. Pre-Examination Requirements • Written police requisition from Investigating Officer. • Verification of identity – record two identification marks. • Obtain informed written consent. • Conduct examination in privacy (same gender examiner preferred). • Maintain confidentiality and professional ethics.

5. Guiding Principles – 4 C’s 1. **Consent** – Mandatory, informed, written. 2. **Compassion & Care** – Empathetic approach, no judgment. 3. **Confidentiality** – Secure handling of case details. 4. **Chain of Custody** – Maintain documented integrity of evidence.

6. Examination of the Victim – Step 1: History Taking • Incident details: Date, time, place, number of assailants. • Type of act: Penile or object penetration, condom/lubricant use. • Post-assault actions: Bathing, defecation, change of clothes. • Medical history: Anal disease, surgery, hemorrhoids. • Psychological state recorded.

7. Victim Examination – Step 2: General Examination • Observe overall condition and emotional state. • Record vital signs. • Look for evidence of struggle – bruises, abrasions, restraint marks. • Note any signs of intoxication or drug use. • Photograph injuries with scale reference.

8. Victim Examination – Step 3: Local (Anal) Examination • Position: Lithotomy or left lateral. • Inspect perianal region for: - Matting of hair, stains (blood/semen), lubricant traces. - Redness, abrasions, tears, swelling, bruising. • Assess anal sphincter tone. • Use proctoscope if needed for internal injuries.

9. Victim – Step 4: Evidence Collection (SAECK Kit) Collected Samples: • Anal & perianal swabs – semen/DNA. • Clothing – stains, fibers. • Fingernail scrapings – assailant’s skin cells. • Hair (head & pubic) – DNA reference. • Blood & urine – toxicology, DNA. • Buccal swab – control DNA of victim. • All samples air-dried, labeled, sealed in paper packets.

10. Examination of the Accused – Overview • Conducted only on police requisition with consent. • Record general condition and injuries. • Look for signs of recent intercourse or struggle. • Examine genitals carefully for abrasions, bruises, redness, smegma. • Collect penile and urethral swabs for semen/lubricant.

11. Accused – Evidence Collection • Penile swabs (glans/coronal sulcus) – semen/lubricant. • Underclothing – seminal stains, foreign fibers. • Blood sample – DNA. • Buccal swab – control DNA. • Fingernail scrapings – skin/fibers. • Preserve each sample separately, label, seal, and document.

12. Preparation of the Medico-Legal Report (MLR) Include: • Preamble – Victim/accused details, police station, requisition. • Consent clause. • Identification marks. • History summary. • General & local findings. • List of samples collected. • Opinion (based on findings only). • Signature and official seal.

13. Framing of Medical Opinion • Opinion must be objective and based on medical evidence. Examples: - 'Findings are consistent with recent anal intercourse.' - 'No definitive signs of recent anal intercourse seen.' • Avoid using legal conclusions like 'sodomy committed.' • Correlate findings with history and lab results.

14. Preservation and Dispatch of Trace Evidence • Use paper envelopes/bags (avoid plastic). • Label each package with: Case number, name, type of sample, date/time, doctor’s signature. • Seal using wax/institutional seal; signature across seal. • Forwarding letter to Director, FSL with list and case summary. • Handover to police constable with signed receipt.

15. Chain of Custody – Importance • Ensures integrity and admissibility of evidence. • Every transfer (doctor → police → FSL) must be documented. • Receipt from police constable forms part of MLR. • Break in chain can invalidate evidence in court.

16. Post-Examination Care Victim: • Treat injuries, provide STI prophylaxis and emergency contraception. • Psychological counseling and follow-up referral. Accused: • Treat any injuries or infections found. • Maintain humane and ethical approach during examination.

17. Conclusion & Key Points • Examine both victim and accused promptly and scientifically. • Consent, confidentiality, and chain of custody are vital. • Documentation must be meticulous and unbiased. • Doctor’s role is to provide evidence-based opinion, not legal judgment. • Aim: Scientific integrity with human dignity.

18. Thank You Questions & Discussion Presented by: [Your Name] Department of Forensic Medicine