prosecutrix.
The possibility of the prosecutrix being accustomed to habitual
intercourse cannot be ruled out. I had not received the report of
Ossification test ... deposed that "the possibility
of the prosecutrix being accustomed to habitual intercourse cannot be ruled
out. " This evidence speaks volumes of the prosecutrix
been opined in the
MLC of prosecutrix that she was habitual for sexual
intercourse or not. He has further contended that PW
Anuradha has been ... been given by the doctor
whether the prosecutrix was habitual to sexual intercourse or
not because in the MLC, it has been mentioned that hymen
could not be ruled out that
the prosecutrix "was not habitual to intercourse earlier."
During the course of investigation, the police took
into ... prosecutrix in the present case could be said to be
habituated to sexual intercourse and there was no challenge
to her statement that the prosecutrix
part of
her body. The possibility of prosecutrix being habitual to sexual
intercourse could not be ruled out. There was no bleeding. Thus, in
such ... Bala was
having sexual activities. The possibility of Raj Bala of
habitual sexual intercourse cannot be ruled out.”
6. In fact, much has been argued
doctor has categorically stated that the prosecutrix was
not habitual of sexual intercourse because her vagina admitted only one
finger. The doctor, however, admitted that ... submitted by the
respondent - accused that the prosecutrix was habitual to sexual
intercourse since her hymen was absent. The aforesaid statement of the
respondent also
remarks are made about whether or not the survivor is
„habituated‟ to sexual intercourse. Despite court
judgments and changed in the Evidence Act stating
that ... basis of this test observations/ conclusions such as
'habituated to sexual intercourse' should not be made
and this is forbidden
fingers in her vagina
meant that she was habituated to sexual intercourse. She also denied the
defence’s suggestion that she prepared the medical report ... integrity and dignity.”
62. Whether a woman is “habituated to sexual intercourse” or “habitual to sexual
intercourse” is irrelevant for the purposes of determining whether
connection with the crime.
26. If prosecutrix is found habitual to intercourse, her statement in Order to base conviction of accused persons, must be corroborated ... fact that the prosecutrix was unmarried girl and she was habitual to intercourse further goes to show that she was a consenting party. Furthermore, absence
prosecutrix, who was shown to be 14
years of age, was habitual to intercourse. Her vagina had
permitted two fingers easily. Her hymen ... found in such a minor girl,
unless she is habitual to intercourse. These indications are
not useful in assessment of her age, but when Radiological
that from the examination he found the girl to be habituated to sexual intercourse. In the cross-examination the witness also admitted that the hymen ... causes other than sexual intercourse.
If the girl was habituated to sexual intercourse it was quite possible that she had taken the intercourse with somebody
