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SANJIB BANERJEE, W. DIENGDOH
Cheerfulson Snaitang – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT
1. The principal ground urged in this appeal is that though the appellant has been found guilty of having committed rape and sentenced to ten years' imprisonment and payment of fine of Rs. 25,000/- (in default to suffer imprisonment for an additional six months), no case of penetration in terms of Section 375 of the Indian Penal Code, 1860 was made out.
2. The matter pertains to an incident of September 23, 2006 in respect whereof a complaint was lodged on September 30, 2006, whereupon the minor victim was medically examined on October 1, 2006. Such examination revealed that the victim's vagina was tender and red and her hymen was ruptured. The opinion rendered by the medical examiner was that the girl had been raped and was suffering from mental trauma. The medical examiner substantiated his opinion in course of his evidence at the trial and maintained that the nature of the tear of the hymen in this case indicated that it was upon being pushed by a foreign body and not due to the victim being involved in any arduous sporting activity.
3. The first information report came to be lodged upon a women's organisation in the locality coming to know of the incident. Indeed, the co
The interpretation of penetration under Section 375 of the Indian Penal Code, 1860, recognizes that any form of penetration, even through clothing, constitutes rape.
The sole testimony of the victim can be accepted and relied upon for fixing guilt if it inspires confidence, and medical evidence about 'habituated to sex' does not relieve the accused from the charg....
The central legal point established in the judgment is the requirement of penetration to constitute the offence of rape, and the distinction between rape and attempt to commit rape based on the prese....
Penetration, even partial, constitutes rape under IPC and POCSO Act; the credibility of child witnesses must be carefully assessed.
The main legal point established in the judgment is the principle that corroboration is not required for the testimony of the victim in case of rape if the evidence is of sterling quality. The judgme....
The main legal point established in the judgment is that complete penetration is not necessary to establish the offense of rape, as per the interpretation of the definition of rape under the Indian P....
The appeal dismissed; slightest degree of penetration constitutes rape, affirming conviction despite absence of severe injuries.
A victim's testimony can be sufficient for conviction in sexual assault cases if it is credible, even if medical evidence is inconclusive.
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