THE STATE OF JHARKHAND V. SHAILENDRA KUMAR RAI @ PANDAV RAI, [2022 SCC OnLine SC 1494]

This case relates to two most heinous crimes, the first is rape and the other is murder. The victim in this case was raped and burnt by pouring kerosene on her body. She died almost after one month of this incident when she was in hospital. Here, in this case the admissibility of her dying declaration was challenged on the ground that it was recorded by a police officer and there was no sufficient evidence for corroboration of her dying declaration. The other important issue involved in this case was the “two-finger test”. The doctors conducted the “two-finger test” of the victim and made remarks about her sexual history. This test has been declared as encroaching women’s right to privacy by the Courts through various judgments. But it is harsh reality that this test is still conducted at various instances. Now, we will look at the various facets of this case by analysing the judgment of the Apex Court.