Kakkad v. Dubey

In the case Kakkad v. Dubey, a man had attempted to have vaginal intercourse with an eight-year-old girl. Although medical evidence showed that her hymen was intact and there was no full penetration, the Supreme Court held that even the slightest penetration is sufficient to constitute rape under Section 375 of the Indian Penal Code as it stood at the time. The Court emphasized that the rupture of the hymen or visible injuries are not necessary to prove the offense. It reaffirmed that the testimony of the child victim, if found reliable, can form the sole basis for conviction. This judgment is significant for reinforcing that minimal physical evidence does not negate the occurrence of rape, particularly in cases involving child victims.

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