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A Rare Case Report
Forensic Evidence of a Surgical Fetus-
A Rare Case Report
HK Pratihari1*, Subhankar Nath1, M Pradhan2 and SB Chakraborty2
1 State Forensic Science Laboratory, India
2Department of Obstetrics & Gynaecology, Agartala Government Medical College, India
Submission:December 09, 2019; Published: January 10, 2020
*Corresponding author:HK Pratihari, State Forensic Science Laboratory, Tripura-799015, India
How to cite this article:HK Pratihari, Subhankar Nath, M Pradhan, SB Chakraborty.Forensic Evidence of a Surgical Fetus-A Rare Case Report. J
Forensic Sci & Criminal Inves. 2020; 13(3): 555862. DOI: 10.19080/JFSCI.2020.13.555862.
Rape is the fasted growing crime in the country compared to other crime against women. It is also seen minor girl age between (7-12year) is found rape-victim and sometimes reported pregnant being raped. In such cases, pregnancy is terminated by doctors using different methods to save the life of minor innocent girl, protect from Human Rights and social stigma. In one case, a girl child, age about 12 year, was staying with single parent family. She used to visit and play with her friend being the neighbour. Taking advantage of age, the girl was lured and repeatedly raped by her friend’s uncle, an elderly man age about 57 year. One day, the victim girl complained abdominal pain and the doctor confirmed her pregnant but then she was about 20 weeks. The mother took up the matter to legal court to save her daughter being unable to access to medical termination of pregnancy (MTP). Considering the girls age/health, medical board was held under judge’s order and decided to end the pregnancy. The unborn fetus of the victim girl was removed and received in forensic science laboratory for DNA evidence to link the accused and establish the crime. The minor girl was saved to carry the pregnancy further. The details have been discussed in this rarest of the rare case.
Keywords: Minor girl; Illegal sex; Fetus, Surgery; DNA evidence
In the life cycle of women, they are subjected to different violence in the society. The crime against women includes mostly sexual assault, foeticide, infanticide, dowry death, bride burning forced prostitution/sterilization etc. [1-3]. But rape/sexual assault is one of the most common crime reported against women of different age groups even kids and aged women are not spared. The sex with minor girl is an evil scenario in the society and reported for various reasons  According to National Crime Records Bureau (NCRB), MHA, Govt. of India, 2013 Annual Report, 24,923 rape cases were reported across India in 2012, out of which 24,470 committed by someone known to the victim  The statistical figure of rape cases is available but pregnant being raped is not much as such statistics under such crime head is not found in literature. The following are the reasons for increase of sexual offence cases in the country [6,7].
Man dominated society
Improper respect for women
Girls are not properly educated to react
Use of mobile blue film
No exemplary punishment and trials get unusually delay
Want of quality investigation
Media and dress code
All want girl friend
Use of internet-based child sexual exploitation networking (Dark net market).
There is law to permit termination of pregnancy when there is threat to life or abnormal fetus. In this case, the victim was minor and under order of Hon’ble court unborn fetus was surgically removed by a team of doctors to terminate the pregnancy.
A girl child age about 12-year was staying with single parent and used to visit her friend’s house being neighbor. Taking advantage of frequent visit, her friend’s uncle an elderly man age about 57 year lured the girl and developed physical relation. Subsequently, the girl got pregnant. One day having severe abdominal pain the girl child (victim) told her mother and on medical checkup, she was confirmed to be pregnant. Thereafter,
the child revealed the hidden truth to her mother about sexual
abuse by the uncle of her friend. She (victim) was then twenty
weeks of pregnancy and risky on her age/health to continue.
Hence took help of Hon’ble court for termination of pregnancy to
save the life of minor girl child and lodged a FIR in the local police
station for justice. The case was registered u/s 376(2)(1)(a)/506
Indian Penal Code (IPC) and sec 6 of Protection of Children from
sexual offences (POCSO) Act.
In this critical case, as per order of the Hon’ble Court the fetus
of the victim girl was removed by surgical method by a team of
gynecological experts. Subsequently biological fluid (blood) from
the offender and the victim girl was collected as per blood sample
authentication form. The illegal surgical fetus after removal was
also received for DNA evidence.
It was a case of late mid-trimester abortion. As per protocol,
medical termination was attempted first by using prostaglandins
and oxytocin. But as it failed it was decided to do surgical
induction by transabdominal anterior hysterotomy under general
anesthesia. In this procedure, after opening the abdomen low
transverse incision was made on lower segment of the uterus.
Abortus and placenta were removed completely; uterine wall was
sutured in layers. Complete hemostasis was secured followed
by closure of abdomen. Postoperative period was monitored
meticulously by intravenous fluid, antibiotics, sedation and
Samples received from three different sources were properly
preserved in the laboratory. The DNA Typing from three sources
was made by using Genetic Analyzer AB 3130, Life Technologies
Holding Pvt. Ltd., USA, following standard procedure available in
literature . The DNA profiling of all the three different exhibits
are shown in (Table 1). The allelic distribution of fetus, victim
and offender shown conclusively confirms that the victim and the
offender are the biological parents of the fetus (Figure 1-3).
In this case the minor innocent girl was easily lured by the
elderly man and repeatedly raped to satisfy his sex desire. But the
offender could not think of the consequence as a result the girl
got pregnant being raped. Moreover, the innocent girl could not
understand what is being done on her and going to happen. She
was also not taught to protest from such inhuman activity by her
parents. As a child, she (victim) totally surrendered without any
resistance to the offender and became the rape-victim of the devil.
The fear of threatening in the mind of the girl being killed by the
offender also kept her silent. As such, she was not at fault, abuser to
blame. The criminal profile of the accused in this case, appears to
be psychopath and mentally perverted and could not understand
the barbaric act with a girl 12-year age almost like a daughter. The
offender also did not care about stringent punishment prescribed
under Protection of Children from Sexual Offences (POCSO) Act,
leading to life imprisonment and even death. The offender is to
be further examined by the psychiatric professional to know such
unusual aggressive behavior. This is humiliating event in women’s
life. The incident reminds a quote:
“Surgery during life is painful and benefit individual.
Surgery after death is not painful but benefits mankind”
The forensic result showing DNA evidence supported by the
statement of the victim girl and medical report and circumstantial
evidence could conclusively identified the offender & establish the
The authors are thankful to Dr. Prasenjit Das and Dr.
Sabyasachi Nath for their valuable suggestion and also to Miss
Emily Nandy, investigating officer of the case for taking keen
interest for successful investigation and care taken for timely
dispatch of biological exhibits to the laboratory.