statement, the
absence of vaginal injury other than the torn hymen, and the
inconsistencies in the narratives of the victim's relatives in order ... shows that on
local examination, no abrasion mark or bruises seen, hymen absent (torn). In
the copy of MLC of the prosecutrix which
with the alleged history of sexual assault. After her
medical examination, the hymen of the patient was found torn with red and
inflamed margins otherwise ... statement, the
absence of vaginal injury other than the torn hymen, and the
inconsistencies in the narratives of the victim's relatives in order
Counsel also
CRL.A. 846/2010 Page 7 of 43
submitted that hymen of a female child can rapture even without
intercourse under various circumstances ... medical evidence also fully supports the case of the prosecutrix as her
hymen was found ruptured and there was a clear opinion given
lodged promptly. At the
time of medical examination of the prosecutrix, the hymen was found
ruptured.
5. I have considered the submissions of the parties ... evening of 15.09.1996.
Number of injuries were noticed on her body. Her hymen was found
ruptured. Pw-5 (Dr.Usha) deposed that on local examination
point out that there is no dispute that the child's hymen
was ruptured and hence, there is indication of foul play ... that there was absolutely no injury on the child.
Except that the hymen was ruptured to the extent of 2
millimetres, which permitted the insertion
that the
accused had done 'wrong act' with her. Though hymen was found torn in
the MLC, it can happen for number ... days back. She noticed redness over the vulval
region and hymen torn with fresh tear. In the cross-examination, she
admitted that the injury
congested and minimal bleeding was present ; para urethal area was congested; hymen
had a fresh small tear with bleeding". She further deposed that ... findings were suggestive of sexual abuse with trial of
penetration which caused hymenal injury and congestion."
17 The PW11, Dr. R.S. Mishra
genital parts :
A Public hair combing - No pubic /axillary pair present
B Hymen
. Injury - fresh / recent/old - Hymen intact but inflamed ; small
red spots noted ... hymen.
. Type of hymen (Shape - annular / crescent/cribriform/elongated /
microperforate/septate/sleeve like) - Red inflamed
. Hymenal orifice size - small, admitting tip of finger.
. Scarring
examination there was no bleeding per vaginum. No public hairs
were present. Hymen was torn (there was old tear present). In her
cross examination ... stated that as per MLC hymen was found
torn (old torn), therefore possibility of sexual intercourse cannot be
ruled out. Hence, it is proved from
confirmed the taking place of the sexual assault and had endorsed hymen
torn and margin irregular on the MLC. On finding that offences ... Varun
Dalal had requested him to comment whether the hymen of the
prosecutrix was torn or not and further that if there was any history
