Applied Forensic Research Sciences

ABSTRACT

The case took place in the Kashmir valley that are Kunan and Poshspora. The incident was of 23rd February 1991 that witnesses a mass rape of more than forty women of the same village by Military personal. Basically, the incident starts during the anti- insurgency that was carried out for the militants that are suspected to hide in the village. For the purpose of interrogation, they took their men out and raped the women. The case is still pending in the court. The compensation to all the 40+ victims has been asked by Supreme Court to the State Human Right Commission on 2011 but till now nothing has been done. The victims, activists and various organizations are still in the hope to get the justice but when? That is unknown to everyone.

INTRODUCTION

Kashmir, the valley of eternal beauty and serenity. The place where lakhs of peoples are nurturing their future in the shadow of conflict and misguidance. Though Kashmir is famous for its various militant activities as well as the distress that is very prominent their on February 23rd 1991, this valley has experience yet another episode of rape and sexual assault but this time the perpetrator was our own Indian Military Forces.

CASE BRIEF

⦁ Victim: The women of Kunan and Poshspora village [estimated 40+]

⦁ Accused: The 4th Rajputana Rifles of the Army’s 68th brigade

⦁ Date of Incident: 23rd February 1991

⦁ Location: Kunan and Poshspora village of Kashmir

⦁ Occurrence of crime: During Anti- insurgency operation by CRPF and BSF

⦁ Crime Type: Mass rape with brutality involved

⦁ Case Status: Unsolved [March 23rd ,2024, 5 petitions pending in High court and Supreme court]

⦁ Statement by Supreme court: Compensation to all the 40 victims on 2011

⦁ Organization involved: Indian Defense Ministry, Human Right Commission, International Human Right Commission and other regional groups of the Jammu- Kashmir Coalition of civil society.

BACKGROUND

The case often found its root since Indian Intelligence got the information of the militant activity near the region of two districts namely Kunan and Poshspora, situated in the Kashmir Zone. After the intellect, Central Reserve Police Force [CRPF] along the Border Security Force [BSF], conducted a joint operation in these area to catch the militants.

CASE SUMMARY

The case started on 23rd February with the forceful invasion of the army personnel into the houses of the villages of Kunan and Poshspora. They took all the men out of their houses in order to investigate but then the females on gun point are raped in front of their beloved ones. The age varies from 17 to 80 years. Syed Mohammad Yasin was that time Deputy Commissioner of Kupwara, he said “I was shocked to see the plight of the women… A woman told me that she was kept under jackboots by the soldiers while her daughter and sister- in – law was being raped in front of her eyes. A pregnant women was not spared either”.

INVESTIGATION

The local police was not ready to take up the case as the Indian Army declared the case ‘baseless’. They also accused them to have a ‘terror propaganda’. In July 1991, senior journalist B.G.Verghese led a Press Council of India team that gave the army a clean chit. Activists, condemned the PC 11 report was fabricated and biased. A committee was formed under the retired judge guidance but it was also been criticized by the Human Right Organization.

NATIONAL ATTENTION

A book was released name ‘Do You Remember Kunan Poshspora?’ that grasp the national attention and then after the case is under High Court but till 2005. Since 2005 to 2013 there was not much progress and the case was also transferred in Supreme Court as the petition was filled by the victims. But not much effect was seen as the Defense was using its special powers.

INTERNATIONAL PRESSURE

After the involvement of the International Human Right Commission and articles that are been published in both national as well as international journals, make the case to get reopen in 2013. The case again faced the same problem of lack of evidences and facts. Till February 2024, Kunan Poshspora case is still in legal limbs with five petitions pending in the High Court and Supreme Court.

Factors Complicating the Case:

⦁ Sanctions- Indian Defense Ministry has not granted sanctions for any cases and the investigation has been stayed.

⦁ Compensation- High court stayed the State Human Right Commission recommendation for compensation payment but not yet fulfilled.

⦁ Time – Police stated that the case was untraceable due to the time that has passed since the incident. Six survivors and witnesses have died during legal processes.

MEDICAL FINDINGS

After the FIR filled on the second week of the mass rape happened, the medical team that went were refused to examine the victims as they did not want to be more suffered. But after the intervention, some victims were ready and it was found that the hymen were broken of many young girls and in the old women, there were marks of sexual abuse. These were the evidences that lead the case be accepted in court but still waiting to get a conclusion.

CONCLUSION

Kashmir witnesses such rape and murder very often by the militants as well as the officers. But this 33 years of struggle made by the Kunan Poshspora victims has lead the foundation that talks about their being a human and no matter who you are? And where u live? No one is authorized to do any sort of wrong deed. The social impact of this act was the aggression that present in every Indians after knowing the incident.

Our army should maintain the decorum of the field they are in and respect the dignity of other as they want other to do so. Humanity is the biggest religion that shouldn’t be disrespected. Let’s wait till the judgment arises as ‘Justice Delay is Justice Denied’. But we also know that ‘Justice is Blind’ means it is impartial and objective; everyone is equal before law.

REFERENCES

https://www.outlookindia.com
https://en.m.wikipedia.org/
https://thediplomat.com/2020
https://roundtableindia.co.in
https://google.com

AUTHOR:-

Sanskriti Rani Sharma

AFRS Volunteer

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Anthropology, a word that originated in Greek, has 'anthropos' and 'logy' which mean 'human' and 'the study of' respectively. To come up with a definition, anthropology is the study of humans. The study of humanity, understanding cultures, and identifying aspects of being human. There are people who conduct anthropological studies - The Anthropologists. This is a vast domain, mainly classified into physical and cultural anthropology. Physical anthropology can also be called biological anthropology. Now, let's dwell on the study that explores the unity and diversity of human cultural behaviour as exemplified in the widest variations in which this behaviour has been manifested: cultural anthropology.

The study of living civilisations and what unites and divides them is known as cultural anthropology. The documentation of the entire spectrum of human cultural achievements and adaptations is the primary goal of cultural anthropology. Sir Edward Tylor gave one of the first definitions of "culture" in anthropology, defining it as the complex whole that consists of all the skills and habits that a person acquires as a part of a society, including knowledge, beliefs, art, morals, law, and customs. Cultural anthropology began to have a more pluralistic view of cultures and societies in the 20th century. When individuals began to wonder which cultures are primitive and which are civilised, cultural anthropology began to flourish. Ethnologists put forth their own theories in an attempt to answer these queries. Cultural relativism was championed by these ethnologists and their pupils. Cultural relativism is the idea that an individual can only comprehend the views and actions of others within the framework of the culture in which they were raised or currently reside.

THE FOUNDATIONAL THINKERS: Morgan contended that there were stages of cultural evolution that human cultures may fall into, ranging from savagery to barbarism to civilization. The 'Four Field Technique' was proposed by Franz Boas, the Father of American Anthropology. Its roots are in Boasian anthropology, which splits the field into four subfields: biological, linguistic, socio-cultural, and archaic.

The study of human societies and their customs and traditions, or cultural anthropology, can provide important insights to support forensic investigations. Despite not being a direct component of forensic science, this plays a significant role in forensics. Some of the ways in which cultural anthropology contributes to forensic investigations are:

Grasping customary behaviours: Forensic anthropologists can appropriately interpret rituals and traditions by having a thorough understanding of them, preventing misinterpretations that would imply foul play.
Interpreting things' language: From context to hints Cultural anthropologists can give enigmatic objects found at murder scenes additional significance and can turn symbols and artefacts into a story.
Deciphering social interactions: Investigators can reduce the number of possible suspects or victims by dissecting a culture's social hierarchies, family relationships, and gender roles.

Without cultural anthropology, the human element can be overlooked in forensic science. Translating cultural practices, symbols, and social processes that impact crime scenes, anthropologists play a translational role. In our culturally diverse society, having a larger picture aids investigators in analysing evidence, identifying suspects or victims, and ultimately solving crimes. The unique perspective of cultural anthropology will become more and more necessary as forensic science progresses.

Written by: Ms. RASHMI R, Volunteer-AFRS

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Abstract:

This case study endeavors to investigate the veracity of the anecdotal rivalry between Agrippina and Lollia Paulina in ancient Rome, specifically focusing on the purported presence of golden teeth. Employing historical records, archaeological findings, and forensic dental analysis, this study aims to discern the credibility of this narrative and its implications for understanding societal norms and cultural practices of the period.

Keywords:

Agrippina, Lollia Paulina, Golden Teeth, Forensic Analysis, Historical Investigation, Dentistry, Ancient Rome

Introduction:

The accounts of Agrippina and Lollia Paulina, embellished with tales of extravagance and ostentation, include references to the possession of golden teeth as a mark of opulence and status. This study aims to scrutinize these claims by employing a multidisciplinary approach. By merging historical research, artifacts, and forensic dental analysis techniques, this investigation seeks to determine the plausibility of individuals possessing such dental adornments during ancient Rome's socio-cultural context.

Initial Investigation:

Historical texts and archaeological findings from the Roman era indicate a culture that revered lavish displays of wealth and social stature. Tales surrounding Agrippina and Lollia Paulina often emphasize their competitive display of riches, including references to embellished dental adornments. Initial investigations involve scrutinizing contemporaneous texts, exploring archaeological remains, and examining the societal norms surrounding cosmetic modifications during that period.

Judgment:

Upon gathering and analyzing historical data, archaeological artifacts, and forensic dental analysis, the initial judgment suggests discrepancies between the prevalent cultural practices of the time and the feasibility of golden dental implants. Contradictions in historical accounts and a lack of definitive archaeological evidence cast doubts on the authenticity of the golden teeth narrative associated with Agrippina and Lollia Paulina.

Analysis:

The forensic dental analysis entails a meticulous examination of available skeletal remains and dental artifacts from the Roman era. Comparative studies with dental prosthetics and forensic dental reconstructions provide insights into the plausibility of ancient individuals possessing golden teeth. The analysis aims to discern whether such dental modifications were technologically feasible and culturally acceptable during that historical epoch.

Conclusion:

The culmination of this multidisciplinary investigation suggests skepticism regarding the veracity of the folklore surrounding Agrippina and Lollia Paulina's possession of golden teeth. While the narrative holds cultural significance, the lack of empirical evidence and inconsistencies in historical records challenge its factual basis. This study emphasizes the need for critical evaluation of historical anecdotes and highlights the importance of interdisciplinary approaches in understanding ancient societies.

Written By:

Ms. Vani Gupta

Senior Volunteer -AFRS.

Keywords: SPERM HY-LITERTM Express, spermatozoa, sexual assault, fluorescence microscopes, CF-488A, mouse monoclonal antibody, forensic investigations.

The identification of spermatozoa is the most significant test for confirming sexual assault cases in the forensic domain. There are a variety of staining methods that can detect spermatozoa using either light or fluorescence microscopes. SPERM HY-LITER Express is one of the forensic stains used in detecting spermatozoa in postcoital samples. The approach provides several benefits, such as sensitivity, specificity, longevity, and favoritism. Nevertheless, it has limitations that highlight some of its flaws.

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SPERM HY-LITERTM Express kits

SPERM HY-LITERTM Express kits identify human sperm using a fluorescently tagged antibody. Unlike other approaches that rely on protein markers in the seminal fluid, the test microscope uses a CF-488A-conjugated mouse monoclonal antibody specific to human sperm for analyzing sexual assault evidence. The kit includes a reagent unique to human sperm and a fluorescent dye that stains all cell nuclei in the sample (4',6-diamidino-2-phenylindole, DAPI). It is a systematic and direct approach for processing samples using specific solutions to attach, prepare, obstruct, and color microscopic evidence to identify human sperm. Human sperm heads can be visualized using fluorescein or Alexa 488-compatible filters and can be scanned at a final magnification of 100x, 200x, or 400x at the operator's discretion. Fluorescent nuclei's vision is not required for sperm detection, although it is beneficial for both manual and automated sperm analysis.

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Microscopic analysis of SPERM HY-LITE TM samples

The SPERM HY-LITE TM Express kit provides precise identification of human sperm in difficult conditions, delivering vital information for forensic investigations. The processing and fluorescent detection sample of human sperm can be seamlessly integrated into existing forensic laboratory protocols for DNA analysis, before performing STR testing. Its exceptional capacity to identify sperm cells in extremely low concentrations (just 20 nanoliters of semen), including samples with azoospermia, demonstrates its outstanding sensitivity, durability, and specificity for forensic use. It can even accurately identify a single human sperm head amidst a crowded cluster of epithelial cells and precisely detect human sperm in challenging experimental settings such as body fluid mixes, high humidity, elevated temperatures, and different acidic and basic environments. This was demonstrated in a study using postcoital vaginal swabs, deteriorated semen samples, and samples prepared with fixation procedures different from the kit-provided protocol. The SPERM HY‐LITERTM kit is specifically bound to human sperm cell heads in all instances.

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Fluorescence images of fresh and degraded semen traces, which were incubated in humid conditions for different periods

The kit succeeded in outperforming other traditional stains, such as hematoxylin/eosin in eliminating the challenges of the visual detection of sperm. In a recent study, the researchers wanted to see how well two different methods (using a light microscope and hematoxylin eosin staining) worked at finding spermatozoa on human skin after the person had died. The two methods were compared using a fluorescent microscope and Sperm Hy-Liter staining. The first (control) and second groups were stained by hematoxylin/eosin for light microscopic examinations. Sperm Hy-Liter staining and fluorescent microscope examination of the third group. The identification of spermatozoa utilizing Sperm Hy-Liter TM and a fluorescent microscope lasted up to 110 days (about 3 and a half months), whereas it lasted up to 2 days using hematoxylin/eosin and a light microscope. A monoclonal antibody-based method and a fluorescence microscopy examination were both able to identify sperm that had been found on decomposed skin for a long time. Identified using a monoclonal antibody-based approach and fluorescence microscopy examination. This method can be crucial for determining the type of crime, such as sexual assault, in deceased victims and can aid in identifying the perpetrator.

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The relationship between average number of spermatozoa in the 3 studied groups

Although the kit is extremely sensitive, specific, and preferred over other dyes for identifying seminal fluid in various conditions, such as prominent levels of humidity, excessive temperatures, and different alkaline situations, it has limitations. These include nonspecific staining and increased background fluorescence when samples are subjected to extreme heat fixation during the fluorescent staining procedure.

Ultimately, the SPERM HY-LITE TM Express kit is considered one of the most efficient methods for detecting spermatozoa in forensic investigations. It shows its excellent effectiveness in identifying seminal fluid in situations of sexual assault. It has demonstrated superiority over other forensic semen tests because of its endurance, high sensitivity, specificity, and resilience to extreme environments, including heat and humidity. Nevertheless, it may be impacted by certain treatments that could reduce its effectiveness. I highly recommend utilizing it due to its speed, user-friendliness, and great efficiency, resulting in time and effort savings and superior outcomes.

References:

- Elshama, S., Aly, S., Abdalla, M., & Hassan, W. (2017). Postmortem identification of spermatozoa on human skin based on fluorescent monoclonal antibody method.. Archiwum medycyny sadowej i kryminologii, 67 2, 121-133 . https://doi.org/10.5114/amsik.2017.71453.

- Miller, K., Old, J., Fischer, B., Schweers, B., Stipinaite, S., & Reich, K. (2011). Developmental Validation of the SPERM HY‐LITERTM Kit for the Identification of Human Spermatozoa in Forensic Samples *,†. Journal of Forensic Sciences, 56. https://doi.org/10.1111/j.1556-4029.2011.01796.x.

- Ping, Y., Chan, X., Goh, S., & Syn, C. (2015). Optimization of spermatozoa detection using immunofluorescent staining and laser micro-dissection.. Forensic science international, 255, 72-9 . https://doi.org/10.1016/j.forsciint.2015.07.010

- Takamura, A., Watanabe, K., & Akutsu, T. (2017). Advanced forensic validation for human spermatozoa identification using SPERM HY-LITER™ Express with quantitative image analysis. International Journal of Legal Medicine, 131, 933-939. https://doi.org/10.1007/s00414-017-1536-3.

- https://www.ifi-test.com/static/8582d74bda8e8239d2d4db338afe0c09/8275e/mic-900px.jpg

Author :

Mrs. Alqallaf Laila

General Department of Criminal Evidence.

Kuwait- Arabian Gulf

AFRS Intern.

ABSTRACT:

It was a case in Japan’s Summer festival in the year 1998 where Masumi Hayashi mixed arsenic to a pot of curry with an intention of mass murder of the people in her neighbour-hood. It was planned to gain insurance benefits of those dead individuals by committing insurance fraud along with the murder. 4 people had died were 2 were children after consuming the curry and 63 people suffered acute arsenic poisoning. According to some people, this case also regarded as famous case with strong possibility of false accusation. This case was solved based on Forensic analysis of chemical substance.

KEY WORDS:

Masumi Hayashi, Japan, Summer Festival, Arsenic, insurance, false accusation, forensic analysis, chemical substance.

INTRODUCTION:

Wakayama is a city near the Osaka Kansai International Airport. In the year 1998 on 25th July during Japan’s Summer festival One of the two curry pots was poisoned during the cooking for the preparation and was served to the residents of Sonbe district, Wakayama. The curry was cooked in two pots in a garage of a festival organizer’s house and was cooked by the 2 housewives, of which one was put to boil in turn and after that it was shifted to the venue. The curry was poisoned with least 130 gms of arsenic which is enough to kill over 100 people. This curry was eaten by many people of which 4 had died and 63 people suffered. During investigation a told that she had seen Masumi walking around the curry pots like a bear.

This suspicion was as Masumi was angry with the people as they had shunned her and her husband. It was found that Masumi had records filled with criminal activity. Masumi worked as a insurance salesman and had been brought to court for insurance fraud in the past. The insurance company had also filed against them accusing them of fraud of worth 150 yen. With more investigation it was found Masumi had past attempts to poison other people and tried to collect the money on behalf of the dead.

EFFECT:

4 people had died were 2 were children after consuming the curry and 63 people suffered acute arsenic poisoning. In the incident 64-year-old Takatoshi Taninaka and 53-year-old Takaaki Tanaka (council president and vice president of Wakayama, respectively), 10-year-old Hirotaka Hayashi, and 16-year-old Miyuki Torii were killed.

EVIDENCES:

From Hayashi house eight kinds of arsenic oxide were obtained as evidences. Following things were collected as source of evidences: (1) Paper cup, (2) M’s green 50-kg can, (3) M’s milk can, (4) M’s white can was marked “Heavy”, (5) M’s brown Tupperware, (6) A milk can found at H’s old (7) A plastic container found at H’s kitchen, but a few particles of arsenic powders were attached on the inner surface of the container, and (8) arsenic oxide crystals found in curry pot.

FORENSIC ANALYSIS:

The arsenic in Masumi’s household matched with that in the curry. Hayashi’s hair was analysed and 90 ppb Arsenic was found in her hair. The arsenic intake was authorized by the arsenic analysis of urine. The forensic analyses on Wakayama arsenic poisoning incidence have characteristic that SPring-8 a largest synchrotron radiation facility was used. All these conclusion were drawn based on chemical analysis.

TRIAL AND PUNISHMENT:

Masumi’s husband was charged with 6 years of jail sentence during trial. Mrs. H, was arrested on October 4 and prosecuted as the murder on December 29. Masumi was sentenced to death in 2002 by the Wakayama district court. On 28th June 2005 Osaka High Court upheld her death sentence as it was based on circumstantial evidences. On April 21, 2009 supreme Court of Japan rejected her final appeal. In July 2009, She formally petitioned for retrial which was rejected by Wakayama District court in March 2017. Then she appealed to Osaka High court in April 2017 which was also rejected. Another petition was filed in June 2021.

IMPACT OF THE CASE:

As a result on June 9, 2021, Masumi's 37-year-old daughter jumped off a bridge at Kansai Airport, killing herself and her 4-year-old daughter. Her 16-year-old daughter was found bludgeoned to death earlier the same day.

CONCLUSION:

Although some refers to this case as case of false allegation. But there was only circumstantial evidence based on which Masumi was arrested. She was also sentenced to death but later it was upheld by the court. Currently she is awaiting the death penalty in Japan.

Author:

Ms. Pritha Kundu,

Volunteer,

Applied Forensic Research Sciences (AFRS).

Abstract:

The JonBenét Ramsey case is one of the most high-profile unsolved murder cases in the United States. JonBenét Ramsey was a six-year-old beauty pageant queen who was found dead in her family's home in Boulder, Colorado, on December 26, 1996. The case remains unsolved, and there are many theories and controversies surrounding it.

On the morning of December 26, 1996, JonBenét's mother, Patsy Ramsey, reported finding a ransom note in their home, demanding $118,000 for her daughter's safe return. Later that day, JonBenét's father, John Ramsey, discovered her body in the basement of their house. She had been strangled and her mouth was covered with duct tape. There were also signs of sexual assault.

Keywords:

High profile case, DNA analysis, strangulation, sexual assault

Introduction:

The JonBenét Ramsey case, one of the most infamous unsolved murder cases in the United States, did not lead to a prosecution or conviction. Here's an overview of the case and why no one was prosecuted:

Discovery of the Crime: On December 26, 1996, JonBenét Ramsey, a six-year-old beauty pageant contestant, was found dead in the basement of her family's home in Boulder, Colorado. She had been strangled and had a skull fracture.

Initial Investigation: The initial investigation faced significant controversy due to various factors, including the mishandling of evidence, a chaotic crime scene, and missteps by law enforcement. The crime scene was not properly secured, and key evidence may have been compromised.

Suspicions on the Ramsey Family: Suspicion quickly fell on JonBenét's parents, John and Patsy Ramsey, and her older brother, Burke Ramsey. This suspicion was fuelled by the ransom note found in the house, which seemed unusual and led some to believe it was staged. However, no direct evidence linking the family to the crime was found.

Grand Jury: In 1999, a grand jury convened to investigate the case. However, it did not result in any indictments. It was reported that the grand jury wanted to charge the Ramseys with child abuse resulting in death, but the then-District Attorney, Alex Hunter, did not pursue charges, citing insufficient evidence.

Ongoing Theories: Over the years, numerous theories and suspects have been proposed, including intruder theories and the possibility of an accidental death covered up by the family. Nevertheless, no conclusive evidence emerged to lead to a prosecution.

DNA Evidence: In 2008, new DNA evidence was discovered on JonBenét's clothing that did not match any family member. This led to the belief that an intruder might have been involved. However, this DNA has not yet led to a breakthrough in the case, and the identity of the unknown DNA contributor remains unknown.

Unsolved Mystery: To this day, the murder of JonBenét Ramsey remains unsolved. Despite decades of investigation and intense media scrutiny, no one has been prosecuted or convicted in connection with her death. The case continues to generate interest and speculation, but it remains an enduring mystery in American criminal history.

The JonBenét Ramsey case serves as a reminder of the challenges and complexities involved in solving high-profile murder cases, especially when crucial evidence is mishandled or lost and when no direct link to a suspect can be established.

Conclusion:

The JonBenét Ramsey case is a tragic and perplexing unsolved murder mystery that has captivated the public's attention for decades. Despite extensive investigations, the mishandling of evidence, and numerous theories and suspects, no one has been prosecuted or convicted in connection with the murder of the six-year-old beauty pageant contestant. The case highlights the challenges and controversies that can arise in high-profile investigations and serves as a lasting reminder of the enduring mysteries in the realm of criminal justice.

Written by-

Ms. Ovee Salagare

Volunteer head-AFRS