The testimony of the victim stood supported by medical
examination. P.W.10 - Dr. Sambhaji Kadam, though has stated that he had
not found any recent tears, stains due to semen, blood, faecal matters around
the anus or there was no injury or no mark of violence, yet, he has stated that
when he had digitally examined the anus, he had found the tone of the
sphincter to be hypotonic. Further, in the cross he has explained that there
was no injury but other findings were there to come to the conclusion that
the intercourse had happened. After he had digitally examined the patient, it
was found that there was tenderness and that patient was feeling the pain at
that time. Further, he has denied the suggestion that the hypotonic may be
caused due to defecation. The cross examination of the medical officer
would show that the conclusion drawn by him is not shattered, which says
that “findings are consistent with entry of penis into anus”. Thus, when the medical evidence is supporting the victim and there is nothing in the cross
examination of the victim to discard his evidence or brand it as unbelievable
or untrustworthy, then these facts only were sufficient to come to the
conclusion that the accused has committed the offence.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPEAL NO.722 OF 2016
Mahesh Sambhaji Chafle Vs The State of Maharashtra
CORAM : SMT. VIBHA KANKANWADI, J.
PRONOUNCED ON : 12-06-2020
