Indian Kanoon - Search engine for Indian Law

16. According to Mr.Mokashi, the theory of gang rape was not at all supported by the medical evidence. Dr.Kelwekar, who had seen and examined the victim girl, did not find any injury on the body of the victim girl. There were no injuries on her back or any part of her body excepting small bruise on her private part. Our attention was drawn by Mr. Mokashi to the evidence of Dr. Kelwekar wherein the doctor has admitted that if the rape i.e. the forcible intercourse was committed upon a girl of 11 years then the injuries like rupture of hymen, bleeding through the hymenal tear, tears in perinium, broaden the gait and pain and lastly swollen of labia majora are possible, and if the girl of such a age was raped by three persons, the injuries would be much more than the aforesaid injuries. Mr. Mokashi also pointed out that Dr. Kelwekar has admitted that all these injuries were absent when he examined the victim girl accordingly.

P.W.3 -the doctor has stated that he examined her with her consent. The doctor noted the following things:

a] Labia Majora : Normal b] Labia Minora : Normal.

c] Clitoris : Not enlarged.

d] Vaginal Mucosa : Not seen.

e] Type of Hymen : Circular.

The Hymen orifice : Intact. On left side of hymen anterior wall shows diffuse purple colour bruise. On left side wall Tenderness positive (present).

Hymenal Orifice - Admitted one little finger.

There is no injury to perineum.

Foreign body : Absent.

32. Learned APP Mrs.Mulekar on the other hand relied upon Modis Medical Jurisprudence, page 303 wherein it is observed by the author thus:

The hymen is situated more deeply in children than in nubile girls, and so it more often escapes injury in an attempted rape on children.

Normally the hymen is ruptured by the first act of coitus, though it may persist even after frequent acts of coitus if it happens to be loose, folded and elastic, or thick, tough and fleshy.

in small children the hymen, being situated high up in the canal, is not usually ruptured, but may become red and congested along with the inflammation and bruising of the labia, or, if considerable violence is used, there is often laceration of the fourchette and perinaeum.

1. Hymen rupture.

2. Bleeding through the hymenal tear

3. If it is rape by force then there will be tears in perinium.

4. Gait will be broader and there will be pain.

5. It may be that labia majora will be swollen.

And if such a girl is raped by three persons, the injuries would be much more than the above. But the doctor categorically admitted that no injury of the above nature was present. Learned advocate Mr. Mokashi for the accused, therefore, contended that even if as per the judgment of the Supreme Court, relied upon by the learned APP, rupture of hymen was not necessary in every case of rape, absence of all other injures as stated by the doctor clearly went against the prosecutrixs story of gang rape. He contended that no inference of rape or gang rape could be drawn only because of small bruise noted by the doctor on left side of hymen anterior wall .