there is no sign of injury to the
external genitalia but the hymen was raptured." While perusing the
report (Exbt.4) of the doctor ... stated in chief that he did not find any
injury but hymen was ruptured. The report (Exbt.4) shows that
specimen was collected for chemical
addition te the said contention urged, it was
~ also submitted that the hymen was found present
vals in "the vietim and, as such ... absence of
7 evidence to show rupture of the hymen, it is not
possible to draw the inference of sexual
antercourse having heen undergone
NEELAMMAL HAS NOT BEEN RAPED
2. NO EXTERNAL INJURIES OVER EXTERNAL GENITALIA HYMEN INTACT.
Age certificate of the victim girl was given by Dr.Lavanya ... following:
On consideration of documents of the above references the ruptured hymen of victim girl concerned in the above crime number may be possible
corroborated by the medical evidence(i.e. MLC of the
prosecutrix), as hymen of the victim was torn and there was redness
around her hymen ... edition page 668 wherein the
Ld. Author observed-
―in small children, the hymen is not usually ruptured,
but may become red and congested along with
were
slightly swollen. White coloured discharge was found from the
vagina. The hymen was found ruptured. The clothes of the
victim worn at the time ... right cheek. According to Mr.Darji, the said certificate
states that the hymen was not torn, no marks of any injury
were found over
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
there were no external injuries,
however her hymen was torn. On this aspect, it has been held by this
Court in Attender Yadav Vs. State ... well recognised position that the
condition of hymen being torn of the prosecutrix may
not necessarily lead to infer previous sexual
intercourse and conversely being
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
witness
deposed that upon examination, she opined that the hymen of
the prosecutrix was torn and that she also collected the vaginal
smear and undergarments ... doctor has also not given her opinion to the torn of hymen
whether it was fresh or old.
8. The samples and exhibits as collected
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
