Hyderabad, Sept. 29 -- Setting aside an order directing a rape accused to undergo a potency test, the Telangana High Court has held that the prosecution had not explained how the test would assist the case when the charge was about digital, rather than penile, penetration.

Justice J. Sreenivas Rao said that the medical examination could not be justified merely by the seriousness of the allegation and the investigating agency's power to collect evidence. The prosecution needed to show why the test was relevant and necessary, LiveLaw quoted.

The judge said, "Such examinations must be based on the facts and circumstances of the particular case and satisfy the requirements of relevance, necessity and proportionality, while safeguarding the ...