SUPREME COURT ASKS MEGHALAYA GOVT TO ISSUE CLEAR INSTRUCTION ABOUT BAN ON 'TWO FINGER' TEST IN RAPE CASES

The Supreme Court in the case Sunshine Kharpan vs. The State Of Meghalaya was hearing the criminal appeal arising out of the Meghalaya High Court, expressed its dismay that the ‘two-finger test’ was used in a rape case despite being deprecated by the Supreme Court.

- 

The court also referred to the decision in the case Lillu @ Rajesh and Anr. V. State of Haryana, wherein holding that the two-finger test on a rape victim violates her right to privacy, was passed before the present incident had occurred.

The court stated that it is true that the incident in the case on hand had happened a decade ago, to be precise, on October 26, 2013. Therefore, the case on hand revealed the continuance of contumacious conduct of conducting the ‘two-finger test’ even after the decision of this Court in the case Lillu Alias Rajesh and Anr. v. State of Haryana.

The bench comprising of Justice CT Ravikumar and Justice Rajesh Bindal was hearing an appeal challenging the High Court’s order that affirmed a conviction of an accused or present appellant for the offence of rape.