Farhan vs State & Anr on 11 May, 2022
Author: Rajiv Shakdher
Bench: Rajiv Shakdher
gagged her mouth, forcibly took her to nearby bushes and
committed forceful sexual intercourse with her. At the time of
incident, mother of the prosecutrix ... conclusion that on
the date of incident, appellant committed forceful sexual intercourse
with prosecutrix, who was a member belonging to Scheduled Tribe
community
undressed and committed intercourse on "three occasions". For
such forceful intercourse, she became senseless. When she
regained her sense, the appellant asked ... victim did not categorically state that the
victim was subjected to forceful intercourse but her hymen was
found torn and PW-12 has stated
certificate are not sufficient to hold that the
accused committed sexual intercourse forcefully on the victim since there
was no mark of resistance or violence ... medical evidence involved in this case does not suggest any
forceful intercourse on the victim.
22. It is pertinent to note that when
issues that actually arise for consideration are:
(i) Was there forced sexual intercourse by the
accused on P.W.2?
Crl.Appeal.438/2006 ... interference?
12. As regards the question whether there was
forced sexual intercourse or not, the court below seems to
have relied on the version given
offence of kidnapping with
intention that the woman may be forced to illicit intercourse.
Even for such offence, the punishment prescribed is of 10 years ... likely that she will be forced or seduced to illicit
intercourse; (4) such intercourse must be with a person other
than the accused; (5) that
were found in the vaginal smear. Vaginal injury
was due to forceful sexual intercourse with emission.
17. The doctor opined above noted injuries over ... cause of death of deceased and
vaginal injury was forceful intercourse with emission.
18. P.W-.7 Jayauddin is grandfather of victim girl.
Patna High
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
Sassoon
General Hospital is "No signs of recent forced intercourse,
accustomed to intercourse"
20 The prosecutrix was medically examined on 16th
March ... final opinion, the
Doctor has opined about no signs of recent forced intercourse and
refer to old hymenal tears being present. To extract what