Shankar was the conductor). There was a bruising noted on
the vestibule; hymen was however intact.
7 Learned counsel for the appellant on this count ... submitted that
the hymen of the victim being intact the question of penetration does not
arise and in such a case the definition of rape
obvious injury on the
external genitalia but slight bleeding was noted; the hymen was not torn;
she was having her period; vaginal slide and underwear ... oral testimony. Ex.Pw-8/1 has clearly recorded that the hymen of
the victim was not torn; no injury marks were noted upon
victim as Ex.PW-8/A. On local
examination, hymen of 'Kumari P' was torn; there was bleeding P.V.
per vagina. Slides ... were also blood stained. In her cross-examination, the
witness admitted that hymen can be torn due to fingering or by hectic
schedule
opined that her vagina admits two fingers; hymen was
torn; the victim was habitual to sexual intercourse.
3. The statement of the prosecutrix ... aged between nine to ten years. The MLC shows that her
hymen had been torn; she is a victim of habitual sexual
intercourse
sexual intercourse; no injury was
noted upon the victim but her hymen was torn.
5 The date of birth of the victim was established through ... victim shows that her
hymen was torn.
11 Arguments have been heard. Record has been perused.
12 PW-5 „G‟ was the star witness
seized. The medical evidence also
speaks of an old history of the hymen torn and the version of the
CRL.A. No.1366/2010 Page ... mental and physical abuse had been noted in Ex. PW-8/A. Hymen was
torn and on medical examination it was found
there were no injuries noted upon the body of the victim; her
hymen was also intact.
5. Arguments have been refuted by the learned ... case the MLC of the victim (PW-5/B)
shows that her hymen was intact. PW-7 was examined
hospital by Dr
Suman Meena (PW-7). Her MLC had noted her hymen to be torn and
there was a fresh tear. No external injuries ... truth.
The medical record i.e. MLC of the victim shows her hymen was
torn and there was a fresh tear on the hymen
medically examined by Dr. Geetika (PW-1).
On her medical examination, hymen was found missing; her vaginal
swab and undergarments had been seized ... CFSL report also fully supports the
version of the prosecution. Not only hymen of the victim was found to
be torn on her medical examination
victim (Ex.PW-2/A) shows that her hymen was
torn. To determine the age of the prosecutrix, the medical opinion of the
concerned medical ... also
shows that her hymen had been broken. Even if injuries were not
Crl. Appeals No.785/2012 & 944/2013 Page
