Two Finger Test

 FACTS 

This case is also known as the Two Finger Test Case. In this case, the accused entered the house of the victim, pushed her to the ground and raped her under the threat that he will kill her if she sounded an alarm. The victim called for help, at which point the accused poured kerosene on her and set her on fire with a matchstick. When the neighbours came to help on hearing the cries, the accused was seen fleeing the scene. 

The fire was then extinguished by the neighbours and the victim was taken to a hospital where she underwent treatment for the injuries sustained by her. Here, the Police Station in charge recorded the victim’s ‘Fard Beyan’, where she narrated the entire incident. Here, a two-finger test was also conducted on the victim. Later, she died after a few days. The accused was charged with the offences under Sec. 302, 341, 376 and 448 IPC. The Sessions Court convicted the accused and sentenced him to life imprisonment. In an appeal made to the High Court of Jharkhand, the Court set aside the conviction given by the Sessions Court. Later the case was challenged in the Supreme Court.

 WHAT DID THE COURT SAY? 

• Dying declaration 

The Supreme Court after hearing the case concluded that the Sessions Court was right in convicting the accused and reversed the acquittal given by the High Court. While deciding the case, the Court observed that just the reason that a dying declaration is not recorded in front of a Magistrate, it does not deny its credibility of it.

 

• Two-finger test 

In its parting remarks on this case, the Court said that in the Case of Lillu v. State of Haryana, 2013, the Supreme Court held that two finger test violates the Right to Privacy of a Woman and hence it was restricted. However, the test was still conducted and hence, the Court in the present case held that if anyone conducts a two-finger test on a sexual assault victim it will be construed as the offence of misconduct and will be penalised accordingly.