Indian Penal Code, 1860, Section 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Medical examination report completely corroborates the history of rape as stated by victim - Absence of any spermatozoa in vaginal swab cannot alone belie prosecution story of rape - Nothing is found from evidences of doctor and witnesses to raise a..........
Protection of Children from Sexual Offences Act, 2012, Section 10, Indian Penal Code, 1860, Section 376(2)(c), 511, 448 -- Offence u/s 10 of POCSO Act and Ss.376(2)(c), 511, 448 IPC - Evidence of victim girl and medical examination report prima facie do not indicate that there was any penetration or rape committed by petitioner on the victim girl nor that he attempted to..........
Indian Penal Code, 1860, Section 307, 452, 380, 34 -- Attempt to murder - Theft - No specific or overt act has been attributed against any of appellants except some general and omnibus allegations of commission of theft and pressing neck of informant - However, informant has not gone under any medical examination - On the basis of bald testimony of informant, a case u/s..........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Reduction of sentence - Injured was shifted by petitioner in his own vehicle for medical care - Imprisonment period reduced from one year to six months...........
Service -- Disability pension - Neither has it been mentioned by the Invaliding Medical Board nor by the Re-Survey Medical Boards that the disease for which the appellant was invalided out of service could not be detected at the time of entry into military service - Therefore, any disease or disability for which a member of the armed forces is invalided out of service..........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - Death of patient - Compensation - There is ample evidences as well as records to indicate that there was indeed medical negligence on the part of Hospital and doctor/respondent No.2 - Deceased was 27 years of age at the time of his death - He was a B.Tech graduate and was working in a soap factory - NCDRC..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 40% functional disability - Total compensation - Taking into account the income of injured @ Rs.9,000 pm on the date of accident, multiplier of 13, future prospects to the extent of 25, disability 40%, adding Rs.50,000 towards pain and sufferings, Rs.75000 towards loss of amenities in future happiness and medical expenses..........
Indian Penal Code, 1860, Section 366, 376 -- Kidnapping and rape - Victim girl is fully reliable witness and her recovery from house of appellant fortifies happening of occurrence against victim girl - Testimony of victim of sexual crime cannot be looked under doubt and no corroboration from independent source is required for such offence, which usually happens in..........
Indian Penal Code, 1860, Section 366, 376 -- Kidnapping and rape - Age of victim is opined to be between 16-17 years as per medical examination report - Mother of victim has categorically stated that victim has never gone to any school - Defence has also not brought on record any evidence in respect of age of victim - However, there is clear cut evidence of victim girl..........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of victim duly corroborated by medical evidence - Witnesses of fact i.e. father of victim, victim herself and mother of victim, have supported prosecution case in all material aspects - Injury reported on the body of victim also corroborates prosecution story - Prosecution has successfully proved its case against..........
