Harishchandra Vasudeo Vaity v. State of Maharashtra

#6. The next submission of the learned Counsel is that no semen was found at the spot where the incident occurred and therefore there was no rape. Such evidence : 6 : is not necessary to prove case of rape. The Explanation to section 375 of the Indian Penal Code provides that penetration is sufficient to constitute sexual intercourse necessary for the offence of rape. In our view, the wounds and injuries suffered by the victim as described by PW6, amply prove that there was penetration and therefore, the offence of rape has been established.

#7. The learned Advocate then points out that if indeed the victim had been raped, there would have been profuse bleeding which would have resulted in her becoming unconscious. The medical evidence on record indicates that there is a likelihood of a minor girl who is raped becoming unconscious if there is bleeding. However, the medical expert has also opined that it is not necessary that in every case there would be such bleeding which would cause the victim to become unconscious. PW6, the Doctor who has examined the victim a day after the incident has noticed that the victim was bleeding internally from the lacerations suffered by her on and around the vulva and the hymen. Therefore, this submission of the learned Advocate cannot be accepted.

#8. The learned Advocate then submits that there was no motive for the accused to have committed such a crime. He submits that it is because of the rivalry : 7 : between the victim’s father and the accused that the victim had been used as a pawn by her father to malign the accused. This submission in our view, is unacceptable and without merit. Political rivalry or quarrels will not cause any father to use his child in such a way so as to leave her emotionally scarred for the rest of her life. In fact, if what the learned Advocate says is correct, that there was political rivalry between the two, it is not improbable that the accused has avenged himself by using the little girl as a pawn. No father, however hard hearted, would want his child to suffer the ignominy of having to live her life being known as a victim of rape, especially in our Indian society. Therefore, this submission of the learned Counsel must be rejected.

#9. In our opinion, the prosecution has established and proved the circumstances leading to the inference that the accused has committed the offence for which he has been charged. The fact that the victim was lured by the accused to enter his house when nobody was present has been proved. The fact that the victim’s underwear and the quilt where she was made to lie down were blood stained has also been proved. The medical evidence indicates that there was penetration. In the case of