The child was allegedly raped on September 6 by 27-year-old school bus cleaner Sandeep Kerve when she was in her bus with a friend while it was parked at their school. Kerve "threatened to kill the children if they told anyone about the crime".
The offence was revealed a week later when the girl complained of abdominal pain and a doctor at a local clinic hinted at sexual assault. The first detailed examination of the child could be done only nine days after the incident.
Doctors from JJ Hospital said on Tuesday that the medical examination carried out on the child by a gynaecologist revealed signs of rape. At the same time, only a few scratch marks were found on her, while most of her injuries had healed.
Legal experts said that, in cases of sexual assault, criminal law places great emphasis on the survivor's examination and medical evidence; forensic and scientific evidence play a supporting, corroborative role.
Lawyers agreed that in the Badlapur instance even if the forensic evidence does not prove conclusive due to passage of time in gathering samples, it would not necessarily harm the prosecution's case.
The survivor's medical samples were given to Badlapur police on Sunday to be sent to the Forensic Science Laboratory for analysis.
The police say they have forwarded the samples as well as the clothes worn by the survivor and the accused on the day of the incident. They say they are collecting more evidence to build a watertight case.
"We have recorded the statement of the bus driver, who said Kerve was on duty on the day of the incident. The driver claimed he had gone on a walk when the crime was committed," said an officer.
The police said the survivor's friend who too was on the bus is a key witness in the case. They plan to record the statement of the doctor who was first approached by the child's family when she felt abdominal pain and who first hinted at sexual assault.
Legal experts said that, with the medical evidence in the case appearing to be strong, the police were on the right track for having invoking rape charges against Kerve. What they need to do now is wrap up the investigation quickly after gathering all necessary evidence. Also, they must stay sensitive throughout the probe.
"The police should take the help of a paediatrician and a counsellor while talking to the four-year-old about the incident so that she is not frightened further," said advocate Shrikant Bhat.
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