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
position to confirm or deny the fact about the
forceful intercourse has taken place or not. Learned advocate
Mr. Majmudar submitted that when the Doctor ... also not
confirmed the fact that whether forceful intercourse has taken
place or not, considering the age of the present applicant, he
should be enlarged
stated that she did not find any evidence of recent sexual forceful
intercourse on the person of the victim. Therefore, there is clearly no medical
appellant may or may not be an act of
forceful sexual intercourse and may and may not be an act of forceful
insertion of penis ... commission of an offence. Even then, no sign of any forceful intercourse
was found in medical examination. Neither the wearing apparel was seized
by police
victim was not co-operative. The doctor, however, found signs
of forced sexual intercourse within seven days of the date of
medical examination. It also ... doctor. Based on the injury report, she deposed that sign of
forced intercourse within seven days was present, when the
victim was examined. On perusal
victim was not co-operative. The doctor, however, found signs
of forced sexual intercourse within seven days of the date of
medical examination. It also ... doctor. Based on the injury report, she deposed that sign of
forced intercourse within seven days was present, when the
victim was examined. On perusal
cross-examination that she was
forced to have sexual intercourse with the accused, as
such, the accused has admitted that he had sex with ... that she may be forced or seduced to illicit
intercourse, or knowing it to be likely that she
will be forced or seduced to illicit
knowing it to be likely that she will be
forced or seduced to illicit intercourse, shall be
punished with imprisonment of either description ... knowing that it
is likely that she will be, forced or seduced to illicit
intercourse with another person shall also be
punishable as aforesaid
recent sexual
intercourse was absent which neither refutes nor confirm the
forceful sexual intercourse or assault. He has opined that there ... evidence of recent forceful intercourse which neither
refute nor confirm the forceful sexual intercourse or assault.
PW-9 has deposed that he did not collect
Sushma Singh that she was habitual of sexual intercourse, therefore, two fingers were easily entering and the vagina was found to be loose ... torn hymen and no sign of any rape or any forcefully intercourse with her. That being so, the conviction of the appellant under Section
