Merely because medical report does not indicate presence of sperm, cannot exonerate accused from offence of rape

Merely because medical report does not indicate presence of sperm, cannot exonerate accused from offence of rape

Victim girl was found crying in bathroom after accused raped her and ran away. After the occurrence, the victim girl was taken to the different hospitals., as she was suffering from injuries to her internal organs, resulting in delay in giving complaint. No treatment was given at the earliest point of time except the external injuries suffered. Doctor concluded that there is a rupture in private part of the victim girl and blood clot was found. In such situation merely because medical report did not indicate presence of sperm, it cannot be ground to exonerate accused from charges of rape.