Document Fragment View

Matching Fragments

10. We may at this juncture notice the evidence of Dr. Savita Bansal (PW-6). In her deposition, she stated:

"On external examination, there was no bleeding or discharge on thigh or labia majora. Labia majora and minora were not properly developed. Posterior commissure and fourchette were intact.
7
Hymen was absent and represented by slightly swollen edges.
Per speculum examination was not possible. On her vaginal examination, it admitted only little finger easily. Two fingers were not possible to be admitted. So properly her vaginal examination was not possible. Vaginal rugosities were not well maintained."
Possibility of such a swelling, as in this case, may be due to other reasons also. It is not necessary that other signs are also available besides swelling if an attempt to rape is made. In this case, since the girl is minor, therefore, the other signs were not possible. As I have mentioned that hymen was absent, I mean that it was not freshly bleeding. There was no bleeding of the hymen at all. This amounts to absence of the hymen..."

13. The High Court, in its judgment, opined:

(i) "Hymen was found to be absent when the prosecutrix was medico-legally examined by Dr. Savita Bansal. Said doctor further noticed that the same was represented by slightly swollen edges. Although, the doctor could not say definitely whether there was actually any attempt to commit sexual intercourse or not, yet since the edges of the vagina were swollen, therefore, an opinion was given that there could be a possibility of attempt and, accordingly, the possibility of the attempt to commit sexual intercourse could not be ruled out."
(ii) "Coming to the report of the FSL, as per which semen could not be detected on the clothes of the prosecutrix and the vaginal swabs, it may be noted that complete penetration of the penis with emission of semen is not necessary to constitute the offence of rape. Even partial penetration was sufficient to constitute the offence of rape. Absence of hymen is clear indication of the fact that there was penetration. It may be that the penetration was partial or that there was no emission of semen by the appellant."