Babloo
(the mother of the victim appears to be indicating towards some ejaculation on
the part of accused). As per her version she somehow obtained
offence of
rape, penetrative sexual assault may not
necessarily result in ejaculation and therefore in
such cases there can hardly arise any question
of stains
accused having penetrated the child victim per
rectum, he might not have ejaculated inside the anus of the child victim
Thus, it is not the case
where the prosecution alleges any ejaculation at the spot or on clothes of
the victim, thus, in these facts
removed her underwear, had touched her posterior
with sexual intent and had ejaculated on her posterior, therefore, the ingredients of
Section
accused. Further, the penetrative sexual may not necessarily
result in ejaculation. In the instant case both the accused and
the prosecutrix are grown
took off the pajami of the victim and inserted his fingers, he ejaculated which is the
reason for the wetting of the pajami
specimens. The actual time that spermatozoa may remain alive after
ejaculation cannot be precisely defined, but is usually a matter of hours.
Seymour claimed
nowhere in her testimony, the
victim has testified that the accused had ejaculated after
commission of the rape as such the absence of semen
matter of
record that during medical examination, the accused could not ejaculate and
therefore his semen samples could not be collected. Hence, the argument ... further mentions "vulva slightly moist". The
possibility of accused having ejaculated at the time of incident cannot be,
thus, ruled