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32. Normally, in rape cases, if the gland of the male of the organ is covered by uniform layer of smegma, it would negative the possibility of recent complete penetration. If the accused is not circumcised, the existence of smegma round the corona gland is proof against penetration, since it is rubbed off during the act of sexual intercourse.

33. Keeping in view the aforesaid observations of the learned authors on medical jurisprudence, if we examine the medical legal reports of Mamta as well as of the appellant, we find that apart from the fact that Mamta had a small minimal tear in the hymen, there was no evidence of any other injury on her private parts. There was no injury to labia majora and labia minora. There was not even swelling or redness of both of them and vulva. The appellant's medical examination disclosed that smegma was present over hyperplostic region and he had no injury on his person at all. It seems that the learned Additional Sessions Judge has held that because there was a tear in the hymen of Mamta, thus there had taken place some penetration in the private parts of the girl and thus, he held the appellant guilty of the said offence, particularly also he believed the statements of PW 1 and PW 3 that when they had reached the spot, they found the appellant having intercourse with the said little child.