cannot be rendered improbable due to absence of injuries

8.    • Section 376 (2) (f) IPC- Allegation of rape on a seven year old minor is improbable as no injuries were found on the body of the victim including her private parts Her hymen was intact It is trite law mere penetration is sufficient to prove the offence of rape It is not necessary that penetration must be of such nature that it would cause injuries or rupture the hymen In the present case, appellant was an adult person and a neighbour of the victim. He had come into the room and had asked the minor to remove her inner garments on the lure of giving her ten rupees. The victim meekly obliged him. Suddenly, the appellant penetrated his penis into the victim. At that juncture, mother of the victim (PW1) arrived and the appellant left the spot. Judged from this background it is clear that the victim was a helpless minor girl and unable to resist the sudden attack by the appellant who was a full grown person. Moreover, as soon as the appellant had penetrated his penis into the victim, her mother arrived and he left the spot In the aforesaid factual matrix, it is clear that there was a slight penetration into the private parts of the victim, which though sufficient to constitute rape, did not result in rupture of hymen prosecution case has fully been proved beyond doubt and cannot be  rendered improbable due to absence of injuries being noted on the body of the victim Conviction and sentence imposed upon the appellant is liable to be upheld

Manick vs State Of West Bengal CRLA 941/13 11/02/22 [ BIWAS JJ ] [ CALCUTTA HIGH COURT ]