ILLUSTRATIVE CASES 321
that three young men, viz. Pachu, Debl, and Jodha had committed rape on her. They
were arrested and sent immediately to me for examination. None of them had any
mark of injury on their genitals or anywhere else on their bodies. The first two had
smegma on the glans penis covered by the foreskin; this proved that they could not have
had sexual intercourse at least during the last twenty-four hours. The girl was also exa-
mined and found to have been used to sexual intercourse, inasmuch as her hymen had old
lacerations. She had no mark of injury to her private parts or to any other part of her
body. The men were released.
2. On the 23rd February 1923, a man complained at the police-station of Mandiaon
in the District of Lucknow that one Dhani had committed rape on his daughter. He
was immediately arrested and sent to me for medical examination. I found a uniform
layer of smegma covering the glans penis, and gave an opinion that he could not have
had sexual intercourse during the last twenty-four hours. The man was released.
Death following Rape.—1. In the case of Queen-Empress v. Hurree Mohan Mythee,
the accused, a fully developed adult man, was charged with causing the death of his
wife, a girl of 11 years and three months. According to medical evidence, the death was
caused by haemorrhage from a laceration in the upper part of the vagina to the right
of the neck of the uterus, measuring one inch and a half long and one inch broad. The
rupture was caused by the prisoner having sexual intercourse with the girl, who had not
attained puberty. The court held that in such a case, where the girl is a wife and above
the age of ten years (age of consent at that time) and when therefore the law of rape
does not apply, it by no means follows that the law regards the wife as a thing made
over to be the absolute property of her husband, or as a person outside the protection
of the criminal law. The prisoner was convicted under section 338 of the Indian Penal
Code of the offence of having caused grievous hurt by an act so rashly and negligently
done as to endanger life.—Ind. Law Reports, Calcutta, Vol. XVUJ, 1890, p. 49.
2. Johir Sheikh, a well-built Mahomedan, about 35 years old, had forcible connec-
tion with his girl wife, aged about ten years, rupturing her genitals, which caused her
death from haemorrhage in about twenty-four hours. There was blood about the
genitals and a clot of blood protruded from the vagina, which, on extraction, was found
to have completely filled the cavity. The hymen was torn, the fourchette ruptured, and
the anterior part of the perinaeum lacerated for a distance of half to three-quarters of
an inch in length. Extending forwards from this the mucous membrane of the posterior
vaginal wall was torn for a short distance. On the light lateral wall of the vagina there
was a laceration, one inch long; below, near the vaginal orifice it was about quarter
of an inch broad and tapered to a point above near the uterus. On the left lateral wall
in a corresponding situation there was a laceration, one inch long by one-fourth inch
broad, somewhat spherical in shape. These lacerations extended through the mucous
lining, and partly, but not completely, through the muscular tissues. There was effusion
of blood in these situations beneath the serous coat, which was, however, uninjured
The vagina was dilated; it had been distended by the blood clot. The husband was
prosecuted and convicted under section 376, IP.C.—Calvert, Ind. Med. Gaz.3 June 1895,
Murder after Rape.—!. In January 1923, Mt. Idia, aged 18 years, of the Meemt
District, had been raped first, and then done to death by throttling in a sugarcane field.
Medical evidence showed that her hymen was ruptured and there was bleeding from the
vagina. The girl's pj/jama and kurta were torn. A number of scratches were found on
the accused's person apparently caused by finger -naffs. This indicated that the girl
was ravished after a desperate struggle hi which great violence was used. The accused
was a tall man of very powerful physique, and 25 years old. The Chemical Examiner,
UP., detected blood and seminal stains on the dhoti of the accused.—All. High Crt Cr.
App. No. 423 of 1923.
2. On the 19th July J927, one Mt. Matri Pasin, a girl of 13 or 14 years of age, went
to Thakurainganj to give some clothing to her d&obi. Her way lay across a nala. "Wlten
she got to this nala, on her way back, she was seized by one Stikhlal Teli, who had been
•cutting grass there, and was violated by Tifm. "When Sukhlal released her, she said that
she would inform her cousin, about his conduct. Thereupon he seized her and cut her
repeatedly with his khurrn till she died.—K. E. v. Sukhlal, Oudh Chief Court Crim. App.
No. 462 of 1927.
3. On the 16th February 1931, one Thanna Ixxlha of Afzalpur, District ittah, was
•convicted of the offence of murdering one Musammat Katori, a dhobi girl, 14 years old,
by throttling after he had committed rape on her. As a result of rape there was a sjigl*
"bruise mark on the posterior part of the vaginal orifice at the site of the old laeeasafeef
liymen. The accused was examined soon after the occurrence, when it was noticed* Hfife
lie had an abrasion of the size of a moong oai the groove behind the glans penis
€ie left of the fesenum, and an. abrasion Vf l©zig» on the inner side of the left
above the wrist—Allahabad Higfe Court Crim. Appeal No. 531 of 1931.
4 A case occurred in Perojpore (Backerganj) in which, a man with Bis
and another man wiffe his wife, son and daughter were proceeding in a bfB*.** 4B of a
21 - V-