testimony of the witness, it appears
that the accused did not ejaculate inside vagina, rather he did so
outside it. Such a situation was considered ... similar defence submissions and opined that ''it is
possible that ejaculation took place not when the male sex
organ of the accused
sine qua non of offence of rape is penetration
and not ejaculation". Canvassing the point that it was a mere attempt,
she referred ... fails to
penetrate the same into vagina and on such rubbing
ejaculates himself then it cannot be said that it was a
case of merely
Fir No. 800/06 ; State vs . Devender @ Gyani Etc. Page 1 Of 94 on 30
given any observation that the patient were capable of
ejaculation of semen.
PW18 Dr. Upender Kishore has proved having
conducted the postmortem
State vs Mr. Ghanshyam Mehto on 2 August, 2010
IN THE COURT OF MS. NIVEDITA
orifice like thing for making manipulated movement of insertion and
withdrawal till ejaculation of semen, both categories of acts would be
unnatural carual offenders
orifice like thing for making manipulated movement of insertion and
withdrawal till ejaculation of semen, both categories of acts would be
unnatural carual offenders
prosecution about
the sexual intercourse committed by the accused coupled with the
ejaculation.
30. The prosecution has also examined PW-8 ASI Jai Parkash
fails to penetrate the same into the vagina and
on such rubbing ejaculates himself then it cannot be held that it was a case
girl fails to penetrate the same
into vagina and on such rubbing ejaculates himself then it
cannot be said that it was a case
