Non-detection of semen in vaginal swab does not, by itself, dislodge the theory of rape

Dal Chandra vs State of Uttarakhand

Uttaranchal High Court

01/06/2018

Crl. Jail Appeal No. 29 of 2015

About/from the judgment:

The appellant, tenant of the informant, was a convict under Section 376(2)(i) IPC and Section 5(m) read with Section 6 of POCSO Act. It was alleged that he took away the grand daughter (victim) of the informant (PW 1) on the pretext of buying her biscuits; and when the victim returned, she was crying and blood was oozing out of her private body parts. She was taken to the hospital and FIR was lodged with the police. The appellant was tried for the charges mentioned above. The trial court relying on the FSL report and considering the statements of prosecution witnesses held the appellant guilty and convicted him for the said offences. The appellant challenged the decision of the trial court.

 

The main ground for the challenge was that no semen was found on the vaginal swab of the victim and hence, the case against the appellant was not proved beyond reasonable doubt. However, the High Court rejected such contention relying on the Supreme Court decisions in Wahid Khan v. State of M.P., (2010) 2 SCC 9 and Parminder v. State (NCT of Delhi), (2014) 2 SCC 592, and observed that even slightest penetration is sufficient to make out an offence of rape and depth of penetration is immaterial. Further, the absence of semen in the vaginal swab and/or non-rupture of hymen does not dislodge a theory of rape. On the facts of present case, the Court held that though no semen was detected in the pathology report, yet the nature of injuries as shown by the FSL report and proved by the witness-medical expert; statement of PW 1 that found corroboration in the statement of PW 2 (mother of the victim), were sufficient to bring home the guilt of the appellant-accused. Holding thus, the High Court dismissed the appeal and upheld the order of conviction and sentence passed by the trial court.

Read the Judgment

Knowledge and content of about almost all their respective descriptions are borrowed from law-related blogs and websites, we, therefore, wish to give proper credit to all the respective law-related blogs and websites like LiveLaw, Bar and Bench, LatestLaws, PathLegal, FirstLaw, Lawctopus, IndianKanoon, Manupatra, LegallyIndia etc.. Many of the judgments are also taken from them websites of Hon'ble Supreme Court and other respective Hon'ble High Courts!

Formats for use
Please reload

Talk to our volunteer on our #Helpline

8882-498-498

Single Helpline Number For Men In Distress In India

Join our mailing list!  Stay up-to-date on upcoming projects, offers & events.

  • Follow Daaman on Facebook
  • Follow Daaman on Twitter

© 2018 Daaman Welfare Society & Trust.

All rights reserved.

Beware, anyone can be a victim of gender bias in society and laws! 

Don't wait: Schedule a conversation with a trusted, experienced Men's Rights Activist to find out how only awareness is the key to fight and remove prevailing gender bias against men in society.