Two-Finger Test Declared Unconstitutional in India

2023 0 Supreme(Del) 2005

Before parting with this case, we feel that it is necessary for us to put an end to the practice of the two finger test. We find that the two finger test is being used in cases involving sexual offences, particularly, on minor victims. ... In view of the above judicial pronouncements, we have no doubt that the two finger test cannot be permitted to be continued. Therefore, we issue a direction to the State Government to ban the prac....

2004 0 Supreme(Guj) 97

of taking DNA finger printing test and to give their independent opinion about their finding. ... The court can permit, on merit of each case, the investigating agency to take the accused for necessary test such as NARCO analysis, lie detection test or finger printing etc. of the accused and to draw general sample from the body of an accused person. ... test. ... Though this is a case where the petitioners-accused have accepted that they would undergo DNA finger Print....

1993 Supreme(Online)(Ker) 56

It is called DNA finger-printing. The Centre for Cellular and Molecular - Biology at Hyderabad, it is stated, has developed a test which, according to one scientist Mr. ... It is true that there have been great scientific advancements in the matter of blood tests and DNA finger-printing in recent times. ... He states that the test will reveal that the petitioner is not the father of the child (now 13 years old) delivered by the respondent. ... The District Court and the High Court also accepted that the petitioner was ke....

2022 8 Supreme 298

to by lay persons as ‘two-finger test’ must not be conducted for establishing rape/sexual violence and the size of the vaginal introitus has no bearing on a case of sexual violence. ... This so-called test has no scientific basis and neither proves nor disproves allegations of rape. It instead re-victimizes and re-traumatizes women who may have been sexually assaulted, and is an affront to their dignity. The “two-finger test” or pre vaginum test must....

Wijemanne is not only a finger-print expert, but he has also made a special study of foot-prints. The learned Judge has also relied not merely on the opinion of Mr. Wijemanne, but also formed his own opinion, from a comparison of the two photographs. ... The conviction is based solely on the opinion of a finger-print expert that a foot-print found at the scene of the offence is that of the accused. finger impressions only, and not foot impressions, are mentioned in section 45 of the Evidence Ordinance. ... The lea....

2024 0 Supreme(Mad) 2407

In this case also in regard to the mobile phone only the two mobiles were kept for identification and it was purportedly identified as noticed by PW 9 besides PW 8. ... In Ex.P17, he has given reasons for concluding that the chance finger prints K1 and K3, were identical with the fingerprints of the accused. ... In the identification conducted by PW 13, it has come out that two mobile phones were not mixed with any other mobile phones 34. In Baiju v. State of M.P. [Baiju v. ... In Ex.P17, he had stated that the chance fingerprint [K1] is....

Of these 22 sets of finger and palm prints there were two sets of palm prints and one set of finger prints were (sic) identical with those of Obias? A. Yes. Then followed these questions and answers : Q. Are you aware where those two finger prints of Obias were? ... S. 93 Alwis handed to him 10 palm prints and 12 finger prints said to have been found by him at the scene of the offence, and of these" two sets of palm prints and one set of finger....

Magistrate Court Selama

[28] With respect, the prosecution failed to resolve the confusion arising from these two pieces of evidence. ... The prosecution brought two witnesses, SP3, who is the victim's father, and SP4, the victim's sister, to corroborate SP2's testimony. ... Inserting a finger into the genitals is not the same as inserting a finger into the clitoris. The prosecution cannot argue both that it was in the clitoris and at the same time argue it was in SP2's genitals. ... Without such an explanation and the corresponding evidence o....

2025 0 Supreme(Ker) 3118

On examination before the court, PW22 deposed that the injuries on the ring finger and the two contusions in the fourth interdigital area of the accused’s hand coincided with the configuration reflected in the cast provided for comparison. 48. ... Nevertheless, while the said fact ought to have been sufficient to alert the trial judge of the need to conduct a voir dire test before permitting PW4 to testify in court, for reasons best known to the trial judge, no such test was done. ... Contusion on right ring fi....

Delhi High Court

Section 2(a) of the Act defines "measurements" as including "finger impressions and foot print impressions. 6. There are two things to be noticed here. ... Section 2(a) of the Act defines "measurements" as including "finger impressions and foot print impressions. 6. There are two things to be noticed here. ... With regard to the aspect of not holding the test identification parade of the appellant Shefali, it is submitted that the child PW-1 was with the appellant Shefali for considerable time....

2022 0 Supreme(Mad) 1557

While doing so, the Hon'ble Supreme Court in Lillu @ Rajesh and another vs. As early as in 2013, the Hon'ble Supreme Court had held that the two finger test and its interpretation violates the right of rape survivors to privacy, physical and mental integrity and dignity. Before parting with this case, we feel that it is necessary for us to put an end to the practice of the two finger test. We find that the two finger test is being used in cases involving sexual offences, particularly, on minor victims.

2020 0 Supreme(Del) 963

-It is therefore submitted that the two finger test has no evidentiary or medical/forensic value." If considerable force is used, there is often laceration of fourchette and perinaeum." He has also referred to the following extract at Page 504: "In small children, the hymen is not usually ruptured, but may become red and congested with the inflammation and bruishing of the labia. "The vagina is narrow and tight with rugose walls, but the rugosity of the vagina cannot be considered as a diagnostic proof of virginity, as it is only removed by the first birth and not merely b....

2019 0 Supreme(Ker) 576

The Supreme Court did not accept the finger test as a reliable test to infer penetration. We in this connection refer to Lillu @ Rajesh v. State of Haryana (AIR 2013 SC 1784). PW10 herself stated that the vagina admitted one finger only with difficulty. The finger test is not a sure test to give an opinion suggesting penetration.

2018 0 Supreme(Guj) 1164

He has also admitted that considering her physical structure, she was look like a major one. According to his opinion, both were capable of having sexual intercourse and two finger test could be easily done on the vagina of the prosecutrix. He has also stated that at the time of examination of the prosecutrix she has stated her age as 17 years and she has stated that the accused has sexual intercourse with her consent.