“No rape of the girl in Kathua, postmortem report only talks of injuries” screamed the front page of the Hindi newspaper Dainik Jagran on April 20. The article claims that the post-mortem report of the Kathua incident makes no mention of rape. It states that there could be other reasons for the injuries that the victim suffered. The report goes on to explain that scratches on the thigh could be a result of a fall and the torn hymen could be a result of activities like cycling, swimming, horse riding etc. The article makes no mention of other injuries that also point to a possibility of sexual assault. The article is on the front page of Dainik Jagran editions in New Delhi, Agra, Allahabad, Amritsar, Aligarh, Kathua and Jammu among others. Nai Dunia, which is a part of the Dainik Jagran group also published this article.

Alt News accessed the post-mortem report of the Katha victim. In the report, there is mention of blood on labia, vulval lacerations, vaginal bleeding, hymen not intact and blood marks on thighs and abdomen.

A subsequent written response by the Board of Doctors of the District Hospital Kathua to the Police clearly explains that “injuries mentioned could be because of any form of sexual assault”.

Alt News contacted Dr. Jaydip Sarkar, forensic expert who works with rape victims and sex offenders and who was part of the Nithari case, and is currently based in Singapore. In a detailed conversation, Dr. Sarkar said,

“The information available based on the two post-mortem sheets suggest on balance of probability that sexual assault has taken place. Access to further medical reports, more evidence and analysis is needed to convincingly confirm a sexual assault. The injuries to the genital regions – thigh, vagina, vulva, hymen and labia (as outline in descriptions at 1,2,3 and 7 of the internal examination) – can be possibly due to three major reasons: an accident, self induced or due to an assault?

For an accident ante-mortem (before death), the injuries are far too specific to the sexual region of the body to be seriously considered as such. It is unlikely to be self-induced since the end point was death which we know is not suicide. Therefore the only option worth considering seriously is an assault. That is because the post-mortem information must be seen in the context of all other facts of the case_: abduction, enforced drugging of the victim, homicide, confessions of the accused persons and the other events in this case.

Rape was defined in a 2013 Delhi High Court judgement as the ‘insertion’ of penis which in legal parlance means – ‘to place, fit or thrust‘’ It does not have to be full insertion of the penis into the female vagina. Placing the penis in the genital region between the thighs, fitting it into the vulva/vagina and thrusting it is suffice in law to constitute a charge of rape.

The relevant injuries described in the internal examination appear to be consistent with non-consenting and forcible act in the sexual region of the victim. The injuries to the vulva in the medial (centre) and posterior (at the back), laxity of vulva (for an 8-year old) which admitted a finger, torn hymen and blood stains on vulva and thigh suggest as though attempts were made to place an external object – (a penis ?) with the use of a thrusting force.

She’s a child and not an adult, and hence even if her hymen were intact, it would not rule out rape because the hymen is very deeply placed in children. The vagina of children is also very tight and unless severe force was used to forcibly enter the penis, which would cause far greater and obvious genital injuries to what is evident, it is more likely that something a little less forceful was used.

The fact that she was sedated at the time the alleged acts were being carried out, would in normal cases reduce the amount of injuries since there is likely to be little or no resistance on the part of the victim. That there are genital-specific injuries which are quite characteristic, strongly points to attempted or completed rape. Conclusive forensic analysis would provide the ultimate fact.”

In a nutshell, Dr. Sarkar’s observations are:

1. The injuries described in the report appear to be consistent with non-consenting/forcible act in the sexual region of the victim.

2. Post-mortem information must be seen in the context of all other facts of the case (abduction, drugging of victim, homicide, confessions of accused etc.)

3. The information available based on the two post-mortem sheets suggest on balance of probability that sexual assault has taken place

The right wing handles on Twitter latched on to this Dainik Jagran report without questioning the obvious inconsistency with previous reports. They accused media and Bollywood of defaming Hindus and India worldwide. They wanted the liberals to apologize for misleading the nation.

On Facebook, this report has spread like wild fire. A number of pages and groups affiliated to the BJP have posted this article, claiming vindication of their stand. The page I Support Narendra Modi which has a massive following of almost 15 million users posted it with the claim that ‘the whole conspiracy to defame Hindus is exposed’ and this post was shared over 34,000 times.

There was No Rape in #Kathua case, says both medical reports. She was murdered somewhere else & her body was thrown in…

Posted by I Support Narendra Modi on Thursday, April 19, 2018

Other Facebook pages like We Support Hindutva and We Support Dr Subramaniam Swamy too posted this ‘news’ which was shared over 5600 and 6000 times respectively.

Alt News tried to contact the editor of Dainik Jagran but he was unavailable to comment on this issue. The brutal rape and murder of the 8 year-old girl in Kathua and the subsequent support extended to the accused by members of the ruling party has rocked the nation. There has been shock and outpouring of grief from all quarters including international condemnation. It is surprising that in such a sensitive and high profile case where the facts are on record, Dainik Jagran has not only taken a contrarian position but passed conclusive judgement on the merit of the case based on an incomplete analysis of the post-mortem report.

Update:

Earlier reference to an Indian Express article has been removed.

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KumarJitender KhuranaAwanish SharmaMD YOUSUFSandeep Bansal Recent comment authors
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Manoj
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Manoj

Thank you for clarifying this

John M
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John M

Excellent reporting! Kudos to you and your team.

SATISH VERMA
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SATISH VERMA

When you sale your conscious, you can do everything, every sin.dainik jagaran has burried all its principles.sham sham corrupt Media

Awanish Sharma
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Awanish Sharma

If she has been RAPED, I need capital punishment for that rapist, if this is PLANTED It should be given all media people who are hell bent to tarnish the image, the report suggests otherwise.. Kindly do not tarnish my country’s Image, this is silent Message to CONGRESS and their PUPPET Media including ALT NEWS

Atul
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Atul

Awanish who made you the judge ? Let the police take action.. Developed countries also have higher rape cases than India.. How does that tarnish India’s image..

Awanish Sharma
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Awanish Sharma

I am not judge, the way congress Media have carried this incident looked dubious from the inception, temple and hindu name was used to tarnish India’s Image, where as the report is saying sexual assult, why this Biased media like ALT NEWS and CONGRESS supported Media can’t wait for judge to deliver the judgement, How the hell these paid presstitute became judge…

Abhi
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Abhi

Go get your mind checked from a doctor, not from RSS shakha 😛

Samar
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Samar

Avanish Sharma, please talk about people from bjp directly and directly supporting the accused. No you won’t. Because in your mindset only Congress is bad. Open your eyes. These 2 parties have destroyed our India. These 2 parties have divided our India between Hindus and Muslims. These 2 parties have confused Indians. These 2 parties have lied since their inception. These 2 parties have done nothing to improve our India.

These 2 parties have divided our India between you and me.

Awanish Sharma
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Awanish Sharma

They never supported accused, you need to dig deep into it, they wanted CBI to handle this case not the crime branch of that state since member of crime branch is also an accused, moreover why the officer who himself is under allegation of rape is presiding the case, so kindly get to the bottom of the news…

MD YOUSUF
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MD YOUSUF

The DGP of Jammu Kashmir is Mr. Vaid. The only female officer in the team of SIT is Shwetambara Sharma (If I can correctly recall). Both are Hindus and true Hindus who have not sold their souls. If the brutal rape and murder happened inside the temple, it must be mentioned so. But this does not affect pseudo Hindus of RSS, VHP, Bajrang Dal etc.,. But this affects pious God-fearing Hindus who must be wondering how could such crime take place inside a temple for eight long days and feeling ashamed of the crime done black sheep among them and… Read more »

Awanish Sharma
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Awanish Sharma

Look this MULLA is lying, the charge sheet was concocted to include temple and Rape, actually postmortem report confirms that there was no rape, still some bhadwa muslim are defaming HINDU, if she was raped kill that person but here everything is false to defame HINDU and their temple, this is not done, some HINDU journalist for the sake money have concocted this news, MAY GOD HELP THEM

Bhagirath Iyer
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Bhagirath Iyer

The Indian Express article has been corrected to say that the vaginal swabs DID NOT match the accused. Please change your post.

Jitender Khurana
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Jitender Khurana

Wud like to talk to you on fb.com/iJitenderKhurana

Daharwal15@gmail.com
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Daharwal15@gmail.com

@jagrannews fake perpetrators with @AsYouNotWish @MrsGandhi @vivekagnihotri @prettypadmaja @amish these goons are Hatred spreader, killers of Social media for only Tweets & RT likes etc.
Humanity is Ashamed by these Goons & RightWingers

VKS
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VKS

Now, dainik jagran has come in the league of Postcard and Shankhnaad

Salik
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Salik

How much donation u have taken from bjp for this Article…

Tarique
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Tarique

Modi’s dalal media and for this type of media who support accused , Asifa’ s case becomes eminently popular world wide and making our country ashame in front of the world.

Atul
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Atul

Great .. Kudos for bringing out the bare facts … Jagran misled people into the wrong facts … Editors Guild and Press Council must punish it

Awanish Sharma
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Awanish Sharma

Just go through the three postmortem report, one says it might have happened because of sexual assault, STILL NO RAPE… DUMBO these media are paid by PAPPU to make him PM (Including ALT NEWS)

Sandeep Bansal
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Sandeep Bansal

No dude, you are the biggest DUMBO to think that if it was a sexual assault it was okay…

Kumar
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Kumar

Madhu Kishwar on twitter has pointed out that there is a forgery and inconsistent additions in the post mortem report not supported by facts. Also a puzzling absence of semen. Madhu’s tweet or analysis is not at all mentioned nor refuted by this article.