Sheela Kushwaha
(P.W.1) had stated that on opening of vagina, hymen was
found intact. Thus, it is clear that the object which ... inside the private part of the prosecutrix did not
reach to the hymen, therefore, the same was found intact.
If the evidence of the prosecutrix
Locally p/h - no external signs of injury
were present on ......... but hymen was torn and
labia and area around hymen was congested
and reddish ... opinion could be
made regarding sexual intercourse. Only
congestion around the torn hymen suggests
sexual misconduct or finding.
Definite opinion could only by given after
State contends that the MLC of the victim has
revealed that the hymen of the victim was torn. However, the Trial
Court has erred ... opinion of the Doctor as to whether the tear in hymen was fresh or old,
the respondent could not be given the benefit
counsel contends that the
MLC of the victim has revealed that the hymen of the victim was torn
with congestion around the area ... hymen. The Doctor had also
opined that the tear was fresh. Learned counsel submits that the delay
in lodging the complaint has been specifically explained
prosecutrix to be 16 years and showed her hymen
to be torn. The MLC Ex. PW-3/A prepared by PW-3 Dr. Sandhya Gupta ... testimony has also testified to the effect that she had found the
hymen of the patient to be freshly torn and that the patient
examined the victim girl-CW2. On medical examination it
was found that, hymen was in-tact and no external injuries were
found, she opined that ... examined another victim girl-CW3. On medical
examination it was found that, hymen was in-tact and no external
injuries were found, she opined that
medical examination was conducted, wherein in her internal gynecological
examination her hymen, though appeared intact, but found to be patulous (slightly
wide), thereby giving ... Estate : State V/s Akhtar Ahmed
Urethara, fourchette and hymen did not show any fresh injury or scar mark ;
hymen appeared intact but patulous
accused and
this fact has been corroborated by medical examination where the hymen of
victim was found to be a fresh tear. He has therefore ... although the MLC of
the victim has reflected a fresh tear of hymen but this is of no consequence
as the doctor (PW12), during
evidence of
any external injury/bruise. No bleeding or tear seen and hymen of the
victim was found intact. Vulval area and rectal area were ... sexual assault. According to the
counsel, had there been any rape, then hymen of minor girl must have
been torned and there must have been
58949/16 State Vs. Sanjay
PW7 Dr. Mukta Saxena deposed that the Hymen of patient was found
intact and no external injury was noticed ... body of the victim at the time of her medical examination,
her Hymen was found intact. Since no samples or exhibits of the victim
were
