“However, we notice regrettably that two finger test had been conducted in the instant case, though the Hon’ble Supreme Court and this Court in several cases have repeatedly held that such a test is neither acceptable nor desirable to ascertain whether the victim was subjected to sexual intercourse. We take this opportunity to remind the Doctors that if they conduct any test in contravention of the directions of the Hon’ble Supreme Court in the State of Jharkhand Vs. Shailender Kumar @ Pandav Rai, reported in (2022) 14 SCC 289, they shall be guilty of misconduct as held by the Hon’ble Supreme Court,” the High Court said.
The Court, however, commuted the death penalty to life sentence saying that while the case was barbaric, it did not fit into the “rarest of rare” category warranting capital punishment for the convicts.
Source: Barandbench
