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
consensual sexual
relationship has been projected as a case of forceful sexual intercourse
under threat.
37.Now having held that the case ... forceful sexual intercourse under
threat, this Court has to analyse whether the Prosecution has proved that the
victim/ Prosecutrix was aged below 16 years
victim
was found swollen and it was due to forced intercourse; in Ex.P4/Certificate
given by her, she has stated that the injury ... repeal of the Juvenile
Justice Act, 1986 and the coming into force of the new Act/Act 56 of 2000.
5. The learned Senior Counsel
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
Chandradevi (A-3) vs State Of Tamil Nadu on 12 December, 2002
Author: M. Chockalingam
from A3-
Dhanalakshmi @ Lakshmi by paying Rs.3,000/- and forced them into
commercial sex trade. A2 handed over these girls ... compromising position with A3; that thereafter, A3 forced PW2 to engage in
sexual intercourse with A17. A17 is said to have played an active role
will, or in order that she
may be forced or seduced to illicit intercourse, or knowing it to be
likely that she will be forced ... knowing that it is likely
that she will be, forced or seduced to illicit intercourse with another
person shall also be punishable as aforesaid
will, or in
order that she may be forced or seduced to illicit
intercourse, or knowing it to be likely that she will be
forced ... judis
Crl.A.No.336 of 2020
forced or seduced to illicit intercourse with another
person shall be punishable as aforesaid].
Accordingly, for proving
with intent, she be forced
or seduced to illicit intercourse with another person. The prosecution
evidence does not satisfy the above requirements. Therefore, the conviction ... that the minor girl was procured to force her to have illicit
intercourse with another person, hence, no offence is made out. Undoubtedly
this submission
