Allahabad HC raises concern over Radiologist shortage delaying rape victim examinations

But the girl had claimed that she had gone with applicant on her own will and later the girl was found to be 19 years old, i.e. of consenting age in ossification test but due to false averments regarding her age, the man remained in jail for six months.

According to the girl, she can have a relationship with the man as per law, and hence, he did not commit any crime as she left her father's house at her own free will and accompanied him to his house.

Later on, the court directed CMO, Ballia for ossification test of the girl but due to non-availability of a radiologist at Ballia she was taken to Varanasi where the health department refused to conduct her test raising a technical ground that the court had directed state government doctor at Ballia and not Varanasi to conduct the test.

The court said, "The radiologists have wilfully disregarded the constitutional mandate by refusing to perform the radiological examination of the victim thereby undermining the victim's right to timely and adequate diagnosis. The doctors cannot refuse the radiological examination of a victim due to lack of jurisdiction just as they cannot decline on the grounds of caste, gender, etc", reports PTI.

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