(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "Medical Jurisprudence And Toxicology"

ILLUSTRATIVE CASES

voluntarily inhales it for an operation. It is also impossible for an
inexperienced man to anaesthetize a sleeping person without disturbance so
as to substitute artificial sleep for natural sleep. Hence the story often
published in the lay press of a woman having been rendered suddenly
unconscious by a handkerchief soaked in chloroform held over her face and
then raped is not to be believed. It must be borne in mind that a woman,
especially of an excitable and emotional temperament, during the stage of
anaesthesia, gets a dream or hallucination that she has been raped, and
insists on the belief after the effects of ansesthesia have passed off, so that
she brings an accusation of violation against her medical attendant. As a
precautionary measure against such an emergency, the medical practitioner
should never administer an anaesthetic to a female without the presence of
another person, preferably her near relation.

ILLUSTRATIVE CASES

Rape committed by Misrepresentation of Facts.—1. A girl of 14 years consulted
a physician for suppressed menstruation. He had connection with her stating that it was
a part of the treatment. She did not resist, being ignorant of the act owing to her youth.
The physician was convicted of rape.—R* v. Can*., 4 Cox D.C. 223.

2.   An epileptic girl, 19 years old, consulted a quack doctor for her ailment.    He
told her that there were some internal adhesions  which must be broken down by a
surgical operation.    The mother, who was present, gave consent to the operation, not
understanding his motive, and allowed the doctor to take her daughter to a private room.
Here she submitted to sexual intercourse believing it to be a part of the treatraent.—
R. v. Flattery, LJR. Queen's Bench Div., 410.

3.   One Must Ram, a bairagi, falsely personated himself as Basorey, the husband of
one Mt. Khunia, who had left his home some twelve years ago, and whose whereabouts
were not known to any of his relatives since then.    The bairagi deceitfully macle Mt.
Khunia believe that he was her real husband and had returned from a long Jocmaey
extending over a period of twelve years.    He lived with her for some time, but his
imposture was found out when he was persuaded to visit Lakta, the brother of the
woman's r^al husband, who was a police chaukidar.   He was subsequently charged witfci
having committed rape on Mt. Khunia by falsely personating himself as her husband,
and was sentenced by the Additional Sessions Judge at Banda under section 376, Indian
Penal Code, to four years1 rigorous imprisonment and fifteen stripes.—Leader, Jan. 2ft,
1928, p. 6.

4.   By the representation that she was submitting to a spiritual obligation for the
good ef hc.r soul, a shoemaker, 48 years old, persuaded a young w®man of 25 years and
ef weak intellect to yield to sexual intercourse.   He was sentenced to five years' penal
servitude for his grave offence.—News of the World, December 12, 1928.

Injury to the Genitals of Nubile Virgins during Coitus.—1. A woman, 23 years old,
got laeeratien of the posterior vaginal fornix during coitus in a sitting posture. The
vagina was torn from the back of the cervix uteri for one inch and a half, and an artery
being opened the wound bled freely. The peritoneum was not injured.—Loof, Ann. de
Gyn.ec. et & Obstet, March 1898; Glaister, Mod. Juris. a,nd T&xic^ Ed. V, p. 532,

2. A newly married woman felt a sharp pain (luring the first act of coitus. This
was immediately followed by copious H«ecting owing to a tear in the vagina, which,
commencing at its orifice, extended upwards to ih« left of the median line to Douglas's
pouch, and then crossing ft passed to ine ri^it side of the vagina.—Mylott, Brit. Med.
Jotm, VoL H, 1899, p. 769.

Rape on Children.—In Ms annual report lor tite year 1946, the Chemical Examiner
of the United and Central Provinces mentions a case in which, rape was committed on a
girl, aged 2 years, of Khamgaon (Berar). There was Bleeding from her private parts. The
mother came and lifted the girl on her waist, thus causing stains on her sari. The dhoti o£
the accused and the sari of the mother ©f the |£rl on examination were found to be
stained with semen and human blood.

The following six cases are picked up at random from my note book: —

1.   On the 25th June 1&2Q, a gifrl* 6 years old, was raped by a male.   On
lier on tfee 25th JuneT the hymenv posterior comrnissure aad  perinaeum  were
lacerated.   The accused was afe examined at fee same time.   He had a laceration o€"
faenum ef his jaeafs.         ,               j          „ \'

2.   A girl 10 yeara oM, aHegetl to liav® been raped, was examined oal 5
September l$3t.    T&e, hyiben aaad perinaeom was  lacerated.    The  a
«3camined at the same time la^uo TOarnk of injury on his genital organ.