Non-Rupture Of Minor’s Hymen Wouldn’t Rule Out Case Of Rape: Calcutta HC Upholds Conviction In 5 Yr Old Girl’s Rape Case
Case: Azad Ali Saha v. State of West Bengal
Coram: Justice Joymalya Bagchi and Justice Ananya Bandyopadhyay
Case No.: C.R.A. 513 of 2013
Court Observation: “A combined reading of medico-legal evidence on record categorically shows injuries on the vulva as well as inner aspect of thighs of the victim which probabalise a case of rape. Slight penetration is sufficient to constitute rape. Non-rupture of the hymen as noted by PW 11 is to be assessed in the light of the aforesaid proposition of law. Hence, non-rupture of the hymen of a minor child would not wholly ruled out a case of rape.”
“…contentions raised on behalf of the appellant do not improbabilise the prosecution case with regard to the indifference of the local police administration in promptly responding to a case of child rape and the ominous atmosphere prevailing in the village which compelled the family to take shelter elsewhere. These circumstances appear to have been proved and duly explain the delay in lodging the F.I.R,”
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Keywords
Non-Rupture Of Minor’s Hymen, Case Of Rape
