The Allahabad High Court in Chndra Prakash Sharma v. State Of U.P And Another observed that the depth of penetration is immaterial when a person is charged with an offence of rape, denied bail to the person accused of raping a 8 year old girl.
The Court also emphasized that time and again many judgments have observed that in a country where little girls are worshipped, pedophilia is increasing.
While outrightly rejecting the defense put up by the accused that there was no injury mark on the body of the victim and her hymen was also intact, the court remarked :-
"Rape is not only a crime against the victim, it is crime against the society as well and is also violative of victims most cherished of fundamental rights, mainly right to life contained in Article 21 of the Constitution of India. In such a situation, if the right decision is not taken from the Court at the right time, then the trust of a victim/common man will not be left in the judicial system."
The Court further relied on Madan Gopal Kakkad Vs. Naval Dubey and another[1] wherein it was observed that that even slightest penetration of penis into vagina without rupturing the hymen would constitute rape.
And further observed in its order that “The victim suffers from psychological effects of embarrassment, disgust, depression, guilt and even suicidal tendencies. Many cases go unreported. In almost rape cases, the victim was unwilling to report the name of the abuser. The families of the victim remain silent about the sexual offences in order to protect the family image. The victim/female small child experience sexual abuse once tend to be more vulnerable to abuse in adult life. Healing is slow and systematic. Rape is not only a crime against the victim, it is crime against the society as well and is also violative of victims most cherished of fundamental rights, mainly right to life contained in Article 21 of the Constitution of India.”
Thereby taking a strong stand against such crimes against women and children and categorically reiterating that the depth of penetration or the rupture of the hymen cannot be a yardstick to determine or rule out the commission of such a grave offence like rape, the bail application of the accused was rejected.
[1] (1992) 3 SCC 204