This is rape & not attempt to rape

SC:This is rape & not attempt to rape

Medical evidence — alleged rape on 8 years old girl — Confessional statement of accused doctor that he had raped victim but did not rupture her hymen — medical examination conducted after 5 days of alleged incident — Medical evidence showing abrasion of about of about 1 inch on medial side of labia majora and redness around labia minora with a white discharge and hymen was intact — evidence on record sufficient to establish that offence committed was rape — merely because the inexperienced medical officer has opined that it was an attempt to rape probably on ground that there was no sign of complete penetration it cannot be said that offence was only attempt to rape.

Case: Modan Gopal Kakkad Vs. Naval dubey

Citation: 2019 ALL SCR (cri) 393.