According to CMO, 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 percent hours after the incident. Hence the report could not confirm rape in this incident.

The Dalit woman had been assaulted, allegedly by four upper caste men, on September 14, and was able to provide the details of the alleged sexual assault after she regained consciousness at the AMU hospital on September 22. After her statement was recorded before a magistrate, police had added relevant sections of rape to the FIR.

Following her statement, samples were sent to the Forensic Science Laboratory, which received them on September 25 – 11 days after the attack. It was based on this FSL report that the UP Police claimed that the woman was not raped.

On October 3, the Department of Forensic Medicine at Jawaharlal Nehru Medical College wrote to the Circle Officer of Sadabad police station in Hathras with the subject, “Final opinion in response to your letter”. Signed by Assistant Professor Dr Faiz Ahmad and Chairman Dr Saeed, it gave a “final opinion” with reference to the circle officer’s letter “and the FSL report”, stating that “there are no signs suggestive rape” and “there are evidences of physical assault (injuries over the neck and back)”.

Dr Hamza Malik, president of the Resident Doctors’ Association at Jawaharlal Nehru Medical College, called the FSL report “unreliable”.

The woman’s post mortem from Safdarjung Hospital had also said that she was raped brutally.

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Before the 19-year-old succumbed to her injuries at Safdarjung Hospital in Delhi on September 29, she was undergoing treatment at Aligarh Muslim University Medical College. The victim had suffered multiple fractures, paralysis and severe spinal injury when she was assaulted by four upper caste men from her village on September 14. The police said that there was a cut in her tongue because she had bitten it when the men were trying to strangle her.

The Special Investigation Team (SIT), formed by Chief Minister Yogi Adiytyanath, visited the village and met the victim’s family. The state government also announced Rs 25-lakh as ex-gratia, a house and a government job for one of the family members.

Meanwhile Congress leaders Rahul Gandhi and Priyanka Gandhi Vadra were detained for defying a ban on large gatherings as they headed to Hathras to meet the family of the gang rape victim. Rahul Gandhi alleged that he was pushed to the ground and lathi charged when he and Priyanka Gandhi were marching on the highway after their convoy was stopped by Uttar Pradesh policene

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