Indian Penal Code, 1860, Section 354, 323, 34 -- Outraging modesty of woman - Hurt - Eye witnesses stated that accused outraged the modesty of victim by removing her saree - Victim categorically asserted at trial that accused `U' removed her saree by force and other accused assaulted her - Other witnesses seen victim in her petticoat - Accused not only assaulted victim but..........
Medical education -- Admission to MBBS course - Qualification - Medical Council of India Regulations on Graduate Medical Education (MCI) emphasized that candidate should have undergone study at 10+2 stage in specified subjects of Physics, Chemistry and Biology/Bio-technology - Certificate relied upon by candidate merely clarified that she undertook course whilst in 10..........
Disability compensation -- Claimed by seaman - Heart ailment - Appellant never claimed to have suffered any injury during his ship duty - Impaired heart function cannot reasonably be attributed to his nine month engagement - There is no linkage between on ship duty and appellant's medical condition - Even, Dilated Cardiomyopathy condition of appellant does not bring his..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Quarrel between accused/husband and deceased/wife - Injury was inflicted in course of quarrel at the heat of passion - Accused did not give second blow - There was no intention on part of accused to cause death of deceased - Evidence of PW4 and PW5 coupled with own admission of accused in his..........
Medical education -- Admission to Bachelor of Dental Surgery (BDS) - Reduction of minimum marks for admission - Dental Council of India itself recommended for lowering minimum marks and Regulations provide for lowering minimum marks - Decision of Central Government not to reduce minimum marks for admission to BDS Course suffers from vices of illegality and irrationality,..........
Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Aggravated sexual assault - Testimony of 5 years old boy/victim - Victim could not opine whether carnal intercourse against order of nature committed or not - There was no injury in the anus and even there was no blood therein - Statement of PW3 is not corroborated with medical evidence - I.O neither..........
Education -- Medical education - Migration cannot be permitted contrary to Regulations applicable...........
Education -- Medical education - Migration from one college to other - Migration is permitted only if both the colleges are recognized under u/s 11(2) of Indian Medical Council Act - There is restriction of migration from an unrecognized college to a recognized college under said provision - Admittedly, college in which respondent studying is yet to be recognized, thus,..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape of 14 years old girl by her step father - Victim was 12 years old when her mother married to accused - Accused continued to have sex with victim for several times and consequently she became pregnant and gave birth to a male child who died later on - Medical..........
Indian Penal Code, 1860, Section 376 -- Rape - For maintaining conviction u/s 376 Cr.P.C, medical evidence has to be in conformity with oral testimony...........
