prosecutrix could have raised alarm
at the time of committal of forceful intercourse upon her. Of
course, she has tried to state that ... 2002 CAV JUDGMENT
sign of any rape or any forceful intercourse with the
prosecutrix. That being so, charge under Section 376 against
the appellant also
noticed that,
there was vaginal bleeding due to traumatic forceful intercourse.
It was also noticed that, her vagina was swollen. Dr. Suresh Patil ... examined the prosecutrix he found vaginal bleeding due to
traumatic forceful intercourse. Dr. Patil (PW-6) has also deposed
that, the vagina of the prosecutrix
thereafter he took to Chengi Taluk, Velupuram, Tamilnadu
and had forceful sexual intercourse with her from 8.7.2014 to
23.7.2014 and committed rape. The accused knowing ... Kattigenahalli, Bangalore
and then to Chengi Taluk, Velupuram,
Tamilnadu and had forceful sexual
intercourse with CW2 and thereby the
accused has committed an offence
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 be punishable as
aforesaid
came from back side and got her laid down and
committed forceful intercourse with her. She further deposed that
upon her cries, elder brother ... from back side and got her laid
down and thereafter committed forceful sexual intercourse, with
her, therefore, it was not compulsory that her body sustained
pain. The injuries suffered
by the prosecutrix were caused due to forceful sexual
intercourse.
9. PW-11 Yagya Sharan Mishra deposed that I was posted ... private part
of the prosecutrix. Those injuries were caused by forceful sexual
intercourse. At the time of incident, the prosecutrix was aged
about six years
married lady,
there was no sign on her person in connection with forceful inter-
course with her. Dr. D.P. Sharma (PW-4) has stated ... there is absence of medical evidence with regard to
commission of forceful intercourse and absence of mark of resis-
tance. See State of Maharashtra
respondents came there caught
hold of her, dragged her and committed forceful sexual intercourse.
Thereafter, the report having been made and after investigation ... Neha Thakur (PW-
14) has also negated the forceful sexual intercourse and the report is given
3
by Ex. P-15.
7. After perusal
purpose of determining as
to whether forceful sexual intercourse has been committed on the
complainant. The prosecution has also placed reliance on 2
documents ... with APEAL 345-02
there was evidence of "recent forceful penetrating sexual
intercourse" was not based on any material but it was only
noticed that
injury to the private part was due to the forceful intercourse
committed on her.
22. We are fully aware of the fact general ... forced "to lie on the bed;
(ii) The victim expressed deep pain and discomfort by
"crying out loud" during the forced penetration
