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Full text of "Medical Jurisprudence And Toxicology"

SODOMY                                                 325;

sphincter ani. In the other case a woman of about 16 to 18 years complained
that her husband was having unnatural intercourse with her. On exami-
nation I did not find any injury on or about the anus. The sphincter was
quite normal in its tone; her hymen had old tears. A case1S occurred in
Ahmedabad, where a man, 25 years old, attempted to commit sodomy on a
girl, about 2 years old.

A                                                       B

Fig. 144.  A.   A Hijra (eunuch), -with the genitals cut off before puberty.
B.   Enlarged view showing feminine appearance of the same case,

(From photographs lent kindly by Dr. N. J. Modi.)

Both active and passive agents are guilty of the offence in the eye^of
the law, if the act has been committed with consent. However, according
to the English law, if one of the parties is under fourteen years of age, he is
not held responsible for the offence. In the law of India there is no such
fixed limit, but sections 82 and 83 of the Indian Penal Code, which deal with
age in relation to responsibility for offences in general, are also applicable
to this offence.

e investigation of this offence a medical examination of both
passive and active agents is necessary as in the case of rape. It must also
be necessary to inquire if the active agent had obtained the consent of the
passive agent for this purpose by means of -physical force or fraud, or if the
active agent, by reason of age or disease, was physically -unfit to commit the
offence. A grown-up passive agent may persuade a young boy to act as an
active agent to practise the vice on him, but such instances are very rare
indeed. I have seen only one case in which a passive agent of 45 to 50 years
of age was prosecuted for having persuaded a boy of 16 years to commit
unnatural connection with him.

In false accusations I have often lieard a story that the accused was
sleeping in the same bed with the victim, and he committed the unnatural.
offence on the latter while he was asleep.   It should be borne hi mind 3&al;
it is not possible for an adult male to accomplish the act on a Ibc^r 4ff^fT,
sleep without awaking him or on another healthy male against his yarSL       %f

13.   Gujarat Sam&char, July 21, 1951.                                                         "" , . ,            *