Court case(2013) 14 SCC 643

The appellants were convicted of raping a minor girl and sentenced under s. 376 IPC. In the appeal they relied on the medical evidence, including the "two-finger test" that the doctor had performed, to argue that the girl was habituated to sexual intercourse and must have consented.

The Supreme Court dismissed the appeal and upheld the convictions. Relying on international instruments and the right to privacy and dignity under Article 21, the Court held that the two-finger test and its interpretation violate the right of rape survivors to privacy, physical and mental integrity and dignity. Rape survivors are entitled to legal recourse that does not re-traumatise them. The medical procedure must be done with the victim's consent and must not be inhuman or degrading. Even if the test report is affirmative, it cannot ipso facto give rise to a presumption of consent.