victim, has given
opinion that there was no recent forceful intercourse which is entirely
contra to the evidence of the victim. Further the Investigating Officer ... hymen of the victim was not intact and there was no
forceful intercourse. Further, the victim has completed the age of 14
years
suggestive to forceful vaginal/anal intercourse, which neither reflects nor
confirm forceful intercourse/assault. As per Oxford Dictionary, the
meaning of the word “Congestion ... suggestive to forceful vaginal/anal intercourse, which
neither reflects nor confirm forceful intercourse/assault”. Though the
Doctor (PW.5) has stated that there
appellant had sexual intercourse with her and there is no forceful
sexual intercourse as projected by the prosecution. Further, P.W.15, the
Doctor ... appellant had sexual intercourse with her
and there is no forceful sexual intercourse. As per Section 376, when a
prosecutrix is a minor below
judis/
Crl.A.No.154 of 2021
was no forceful intercourse as contended by the learned counsel for the
appellant, the appellant on a false
report to the effect that there is no symptoms of forceful sexual
intercourse and it might have been done with the consent of the victim ... this Court finds that there was no forceful sexual intercourse by the
appellant, but it was done with consent of the victim. Even assuming
that
hand on the back side with cloth and
committed a forceful sexual intercourse and the same has been
corroborated with the medical evidence. Though ... girl has stated the name of the
appellant one who committed forceful sexual intercourse against her will.
The evidence of PW9/Doctor, who conducted
evidence to show that the victim was involved
in physical intercourse, recently.
8.3 The learned counsel further submitted that no independent
witness was examined. While ... case beyond reasonable
doubt that the appellant kidnapped the victim and forcefully intercourse
with her. In the absence of the same, convictions recorded
every stage. Even as
per the medical report, there was no forceful sexual intercourse. Therefore,
in the absence of any corroboration with medical evidence ... body of the victim and therefore, there was no possibility for forceful sexual
intercourse, the alleged occurrence took place between
knowing that it is likely that
she will be, forced or seduced to illicit intercourse with
another person shall be punishable with imprisonment
which ... victim girl has not stated that the appellant had forceful sexual intercourse
with her. In order to save her reputation, she might have stated that
victim clinically, had
opined that there is no evidence for the forceful intercourse and even as per
the evidence of P.W.2/victim also ... there is no forceful sexual intercourse.
Hence medical evidence does not support the case of the prosecution.
5.3 P.W.9, who registered
