‘Body most truthful witness’: Madras High Court orders fresh autopsy of young wife

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Calling the human body the “first and, at times, the most truthful witness” in a case of suspicious death, the Madras High Court has ordered a fresh investigation and post-mortem into the death of a 24-year-old newlywed woman after her mother raised questions on the first autopsy.Justice L Victoria Gowri was on July 24 hearing a writ petition filed by the mother of the woman who died in Sivagangai district, seeking a fresh post-mortem examination and transfer of the investigation into the death to a Special Investigation Team (SIT). The petitioner alleged serious lapses in the police investigation and original autopsy, besides raising allegations of dowry harassment.“In cases of unnatural or suspicious death, the body becomes the first and, at times, the most truthful witness… A post-mortem examination is not a routine administrative exercise. It is a solemn medico-legal exercise intended to place science at the service of justice,” the court said.The court’s duty is not to choose between competing narratives but to ensure that the process through which truth is discovered remains “legally sound, scientifically reliable and publicly credible”, it added.The newlywed woman died on June 17, less than five months after her wedding on January 25 this year. Her mother alleged that she had been subjected to dowry-related harassment over a demand for an additional 5.5 sovereigns of gold and claimed she was around four months pregnant at the time of death. The family questioned the circumstances in which she was found hanging inside the matrimonial home. Justice L Victoria Gowri held that continued preservation of the body for an indefinite period would be inconsistent with the idea of providing dignity in death.‘Inconsistencies in autopsy’The high court’s intervention followed an independent forensic review by Dr S Angayarkanni, associate professor of Forensic Medicine at KAP Viswanatham Government Medical College, Tiruchirappalli, who was tasked with examining the original post-mortem records and videography.Also Read | Mother cancels admission in 24 hours ‘denied’ children’s fee refund, wins Rs 1.2 lakhAfter reviewing the post-mortem report and 101 video clips of the autopsy, the expert pointed to several discrepancies between the written report and the video record. These included inconsistencies relating to the timing of the autopsy, examination of clothing, documentation of the ligature mark, dissection of the neck, examination of skull structures, collection and preservation of biological samples, and recording of pregnancy-related findings.Story continues below this adThe court said the proceedings were not meant to determine whether any doctor had deliberately omitted findings or whether any police officer had destroyed evidence. “The final answer must come from the body, the preserved material, the digital record and a fair investigation,” it stated, adding that the immediate issue was whether the material placed before it justified preservation of evidence, fresh post-mortem by an independent medical board, SIT probe and judicial oversight to ensure that the truth emerged through scientific means.Fresh post-mortemThe high court noted that the woman’s body had remained preserved in the Government Medical College Hospital mortuary in Pudukkottai after her family refused to accept the findings of the first post-mortem. Observing that the opportunity to verify forensic evidence was “both solemn and finite”, the court said valuable evidence could be permanently lost if the examination was delayed further.It directed the director of medical education and research to constitute within 24 hours a multidisciplinary medical board comprising senior forensic medicine professors, a forensic pathologist, a radiologist, an obstetrician-gynaecologist and a forensic science expert to conduct a fresh post-mortem examination.It held that continued preservation of the body for an indefinite period would itself be inconsistent with dignity in death and directed that after the fresh post-mortem and collection of forensic samples, the body should be handed over to her family without waiting for the final report of the medical board.Story continues below this ad“Continued preservation of the body for an indefinite period would itself be inconsistent with dignity in death,” the high court said. The district administration and police were also directed to facilitate transportation and burial of the body according to the family’s religious customs.SIT to take over probeThe court transferred the investigation to an SIT headed by an officer not below the rank of superintendent of police from the Crime Branch-Criminal Investigation Department (CB-CID) or another specialised unit not connected with Sivagangai district.Also Read | Jharkhand High Court refuses divorce after 39 years of marriage on ‘suspicion of adultery’The SIT was directed to take custody of all investigation records, forensic material and digital evidence, besides tracing the woman’s mobile phone, laptop, jewellery, diary, marriage articles, etc. It will also examine CCTV footage, the deceased’s final phone conversations, obtain records of her alleged pregnancy and investigate allegations that the room where she was found could have been locked from outside.The court said, “A constitutional Court does not honour the deceased by presuming the guilt of the living. Nor does it protect public institutions by refusing to examine objectively supported doubt.”Story continues below this adThe court observed that CCTV footage could establish the movement of the body, handling of clothing, sealing of biological samples and maintenance of the chain of custody before and after the autopsy, making it an important piece of evidence in the investigation. It disposed of the writ petition, clarifying that its observations would not prejudice the ongoing investigation or any future criminal proceedings.