The Kerala High Court has confirmed that intact hymen doesn’t rule even in medical evidence, is insufficient to conclude the absence of penetrative sexual assault. Justice A. Badharudeen dismissed a criminal revision petition, finding that the prosecution established a prima facie case against the accused for kidnapping and sexually assaulting a minor.
Hymen Evidence Not Conclusive
The court clarified that the rupture of the hymen is not mandatory to prove penetrative sexual assault or coitus. It rejected the petitioner’s argument that medical evidence disproved the accusations.
Case Background
The accused allegedly kidnapped his minor relative, sexually assaulted her in a country boat, and threatened her with death when she tried to escape. He was charged under Sections 363, 376(1)(3), 341, 354 and 506(i) of the IPC and various provisions of the POCSO Act.
Discharge Plea Dismissed
The petitioner argued that the accusations were false and motivated by family disputes. However, the court noted that the petitioner failed to prove false allegations. The court found enough evidence for the case to proceed to trial. The Special Court had earlier denied his discharge plea, and the High Court upheld this decision.
Court’s Decision
The High Court dismissed the petition, stating that prosecution materials justified a trial. It emphasized that the trial court’s decision to reject the discharge plea required no interference.
