Lillu @Rajesh and Anr vs. State of Haryana, Criminal Appeal No. 1226 of 2011 (India)

The accused were convicted of the crime of rape against a minor. They appealed the decision submitting, among others, that the testimony of the prosecutrix had not been corroborated by medical evidence. Appellant cited the medico-legal report which mentions a two-finger test and stated that the possibility of prosecutrix being habitual to sex cannot be ruled out. The court rejected the appeal and held that the two-finger test and its interpretation violate the right of rape survivors to privacy, physical and mental integrity, and dignity. The court said, in view of the International Covenant on Economic, Social and Cultural Rights 1966 and United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power 1985, rape survivors are entitled to legal recourse that does not retraumatize them or violate their physical or mental integrity and dignity. They are also entitled to medical procedures conducted in a manner that respects their right to consent. Proper measures should be taken to ensure that there should be no arbitrary or unlawful interference with the victim's privacy.