only material evidence against the
appellant as in this case hymen was not torn. It is further argued that the
statement of the brother ... further submitted by the Ld. APP that rupture of hymen is not necessary in
each and every case and in small children, the hymen
does not mention
as to how and when the hymen got ruptured. It is also argued that as per
Modi's Medical Jurisprudence regarding ... position of the vaginal tear and the mere
mentioning that the hymen is ruptured, does not satisfy the ingredients of
establishing the offence that
support the
case of the prosecution because as per the MLC the hymen of the
prosecutrix "seems to be torn" and there ... complete penetration of penis with
emission of semen and rupture of hymen. Partial
penetration of the penis within the Labia majora or the
vulva
victim does
not show any sign of sexual assault. Her hymen
was found intact with no sign of recent injury and
no vaginal discharge ... victim did not show any sign of sexual assault; her hymen
was found intact with no sign of recent injury, and further no
vaginal discharge
nothing abnormal detected.
Per vagina examination vulva normal, public
hairs not mated, hymen torn posteririally at 5'O
Clock position, small laceration and fresh ... bleeding from edges of hymen, blood stains
present on clothes. Vagina very tight-just admit
one finger. Per speculum examination-patient
not allowing per speculum
examined the prosecutrix. As per the
MLC, superficial perineal tear was present. Hymen was found torn,
posteriorly. As per the CFSL Report (Ex PX), human ... reported as 1972 SCC (Crl.) 827. In the
captioned case, the hymen of the prosecutrix was not found torn, and as
such , the above decision
Appellants, inasmuch as,
although the MLC of the prosecutrix reveals that the hymen of the
prosecutrix was found to be torn, the same ... injury was found on the
prosecutrix and that there was no fresh hymen tear. The MLC reports of the
Appellants (Mark B) find the latter
2018 Page 9 of 13
report categorically stated that the hymen was torn with no external
and internal injury and the labia minora and majora
internal medical
examination of the victim was got conducted on 24.10.2011.
Hymen of the victim was found absent.
CRL.L.P. 44/2021 Page ... after the photographs Ex. PW 1/Cl to CI5 were
taken. The hymen being absent in itself does not indicate
commission of rape upon
