signs of inflammation were present. Foul smelling discharge was
also present. Hymen was swollen, inflamed but it was intact. She
opined that the injury ... redness was present
around it. Foul smelling discharge was present there, hymen was
swollen and inflamed, but intact. She has opined that the injury
been relied? upon in View of the medical evidence that the hymen
1:he4'_prosecutriX was found intact and there was no further ... cases of sexual intercourse, the hymen of the victim need not be
torn and therefore, simply because the hymen of PW1 girl was
found intact
found that there was a rupture of the posterior part of the hymen perineal tear 1/2" long (sic). Laceration of the posterior vaginal ... Modi had seen cases in which there were lacerations of the hymen, posterior commissure, perineous and even the vaginal walls of the complainant. Lyon
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
recent sexual intercourse rather, it has been clearly stated that
the hymen is old ruptured. Moreover, it has been stated in the
post-mortem report ... Vulva-No injuries seen. Labia Majora and minora
healthy, no injuries seen. Hymen-old healed tears and present
bleeding seen; no tear on vulva; and small healed tear present on hymen at 7 O'clock position. After being admitted in the said ... 2019, which reads: Local examination- labia B/L swelling; Pv- Hymen intact; no bleeding from vagina; vaginal slide & swab prepared for spermatozoa detection
would clearly prove that on
examination an old tear was found on hymen and
vagina admitted one finger and the opinion of the
Doctor ... that penetration cannot be
inferred simply because vagina admitted one
finger and hymen was torn. It was also held that
finger test
recent sexual assault was evident,
though it was stated that her hymen was not intact, which does not prove that
the survivor was sexually assaulted ... reveal that the survivor was sexually assaulted
which has resulted in her hymen being torn. The corroboration of the
testimony of the survivor and that
gave her final opinion (Ex.P13), wherein she stated that
the hymen was torn; no spermatozoa was detected in the vaginal
smears; and that ... Civil Surgeon,
examined P.W.2-victim on 25.09.2016 and found that Hymen was
not intact and there is a possibility of sexual abuse
gave her final opinion (Ex.P13), wherein she stated that
the hymen was torn; no spermatozoa was detected in the vaginal
smears; and that ... Civil Surgeon,
examined P.W.2-victim on 25.09.2016 and found that Hymen was
not intact and there is a possibility of sexual abuse
