graduate-Causing
slight penetration into vulva of 8 years girl without
rupturing hymen-Medical evidence indicating hymen intact,
abrasion on medial side of labia majora ... being a
doctor he had been careful enough not to rupture their
hymen. The brother of the respondent begged of PW. 5 and
others
bath is taken within twenty four hours. The rupture of
hymen is by no means necessary to constitute the offence of
rape. Even a slight ... sufficient
to constitute the offence of rape and rupture of the hymen
is not necessary. Vulva penetration with or without violence
is as much rape
minora were not properly developed.
Posterior commissure and fourchette were intact.
7
Hymen was absent and represented by slightly
swollen edges.
Per speculum examination ... therefore, the
other signs were not possible. As I have
mentioned that hymen was absent, I mean that it
was not freshly bleeding. There
report, the doctor has
not given any opinion as to whether the hymen was torn afresh or the
same was an old one. The counsel ... been observed as under:-
Page 503:
"In nubile virgins, the hymen, as a result of complete
sexual intercourse, is usually ruptured, having
upon a girl of 11 years then the injuries like rupture of hymen, bleeding through the hymenal tear, tears in perinium, broaden the gait ... Mulekar, appearing for the State/respondents, contended that rupture of hymen is not necessary in all cases of rape and there is a judgment
imprisonment to 10 years
though the victim had suffered tear of the hymen, second degree perennial
tear resulting in stitches being required for vagina, following ... medical
evidence duly corroborated the version of 'M'. Her hymen was found to be
ruptured. Doctor reported history of physical violence
dress, there was no
injuries on her female organ but hymen was ruptured and
there were no fresh bleedings from the female organ ... there were no
stains in her dresses. The skin-like tissue called hymen in her
vagina was torn. There was no fresh oozing of blood
Gynec) examined her and, vide report Ex.P/4 found the
hymen membrane slightly torned on upper margin, however, no
injury or bleeding was noticed ... injury was found on the private parts
of the prosecutrix or her hymen was found to
be intact does not belie the statement
Bharathi, who examined the child found that there was laceration of hymen of the victim at 2 and 5 o' clock position with reddish ... evidence of PW4 Dr. Bharathi in the cross-examination, that rupture of hymen is possible due to insertion of finger or insertion of any hard
where the rape take places, there need not be always rupture of hymen, it depends on the force used in the act for commission ... complete penetration of penis with emission of semen and rupture of hymen. Partial penetration of the penis within the Labia majora or the vulva
