Lillu @ Rajesh v. State of Haryana
Supreme Court of India2013 INSC 243; MANU/SC/0369/2013; (2013) 14 SCC 643Bench: J. B.S. Chauhan, J. J. Chelameswar
The Supreme Court declared the two-finger test unconstitutional and impermissible. The Court held: (1) The two-finger test has no scientific validity in determining whether rape occurred. (2) It violates the victim's right to privacy and dignity under Article 21 of the Constitution. (3) Evidence of the victim's past sexual history or "habituation to sexual intercourse" is irrelevant and inadmissible — rape law has nothing to do with the victim's sexual past. (4) The conduct of such tests re-traumatises the victim and has no place in modern forensic medicine. The Court directed that the two-finger test must not be conducted anywhere in India in rape or POCSO cases.