Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 5(m), 29, Indian Penal Code, 1860, Section 376(1) -- Penetrative sexual assault/rape - Proof - Medical evidence disclosed no external or genital injury, no vaginal laceration or perineal tear, and no spermatozoa on swab, secondary sexual characters not developed - Presence of semen on pant alone does not..........
Words and Phrases -- "Bad work" - Expression used by a child victim is a genus and by itself does not import "penetrative sexual assault" within S.3 of POCSO Act - Such inference requires ocular or medical corroboration...........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Unsoundness of mind - Medical examination of spouse - Matrimonial Court possesses sufficient power to direct medical examination in case decree for divorce u/s 13(1)(iii) of the Act is sought - However, such an order can be passed upon Court satisfying itself as to existence of ground on basis of evidence tendered..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Unsoundness of mind - Medical examination of spouse - Petitioner shall prima facie establish by leading evidence that there is material to hold that medical examination of spouse is necessary to determine whether he/she suffers from requisite degree of unsoundness of mind or whether same is incurable...........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix specifically named appellant who raped her as a result she suffered profuse bleeding and injuries - She was subjected to lengthy cross-examination by defence, but her testimony has gone unimpeached and witness candidly stood by her stand, accusing appellant being involved in commission of crime against her -..........
Protection of Children from Sexual Offences Act, 2012, Section 8 -- Sexual assault - Discrepancies in statements of crucial witnesses PW1 and PW2 - Refusal of medical examination of victim child also gains significance - Victim specifically stated that appellant had brushed his leg against hers but during her deposition before trial Court, 8 months later she failed to..........
Medical education -- NEET-UG course - When a seat is rendered vacant through fraud, an obligation is cast upon authorities to restore that seat to next eligible candidate as per merit list - To allow a seat to remain wasted due to administrative inaction or lethargy, is a subversion of very purpose of NEET-UG examination that was to facilitate systematic organization of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is a qualified medical professional possessing skills and expertise of a radiologist and had previously been gainfully employed for several years - Her professional qualifications and past employment clearly demonstrates that she has substantial earning capacity and is capable of engaging herself in..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is a qualified medical professional possessing skills and expertise of a radiologist and had previously been gainfully employed for several years - Held, considering salary of husband, professional qualifications and earning capacity of wife, maintenance reduced from Rs.18,000 to 12,000 p.m from date..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Unlawful assembly - Medical evidence - Post mortem report and statement of Doctor who conducted post mortem clinchingly prove that deceased suffered multiple gunshot wounds - About 40 pellets were recovered from body of deceased - All injuries were caused by firearms and were sufficient to cause death - Simply for..........
