Redness & Swelling In Vaginal Walls Sufficient To Show ‘Penetrative Sexual Assault’ Even Though Insertion Of Male Organ Not Alleged
Case: Mehun Lamurong v. State of Meghalaya
Coram: Chief Justice Sanjib Banerjee and Justice W. Diengdoh
Case No.: Criminal Appeal No. 14 of 2022
Court Observation: “In this case, the young survivor may have meant that the entirety of the appellant’s organ may not have been pushed into her. However, she complained of pain, to the extent of having difficulty in urinating. Further, the examination conducted on her within close proximity of the incident revealed redness and swelling in the vaginal walls, which would be indicative of penetration and the hymen was found to be ruptured. Even if not much significance is attached to the rupture of the hymen in the light of the survivor’s assertion that the appellant may not have inserted his penis into her, the redness and swelling of the vaginal walls would be indicative of penetration. At the end of the day, the expert who examined the survivor was of the opinion that the survivor had suffered penetrative sexual assault.”
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