Indian Penal Code, 1860, Section 376 -- Rape of minor girl aged 6 years - PWs declared hostile - Prosecutrix being child witness has been properly examined before recording her statement and she was declared to be competent witness - She categorically stated in Court that she does not recognize accused and the person who took her to field did nothing with her - Evidence on..........
Indian Penal Code, 1860, Section 376 -- Rape of minor aged 13 years - Prosecutrix was of low intellect though of sound mind - Medical evidence supported prosecution case as there were bruises and abrasions on the body of prosecutrix and her hymen was torn - Human blood detected on the salwar of prosecutrix though no semen was detected - Accused also examined and human..........
Indian Medical Council Act, 1956, Section 10A, 11 -- Permission of Central Government for establishment of medical educational institution, recognition of institution and medical qualification course are two different concepts - Central Govt. permission is required to establish a medical college - For admission to a specific medical course, permission of government and..........
Indian Penal Code, 1860, Section 302, 307, 504, 506, 120B -- Murder - Accused by using filthy words abused sister and mother of informant and when objection was raised by deceased, accused with an intention to kill deceased brought a double barrel gun and shot at deceased and injured - Death caused due to anti mortem fire arm injury - Double barrel gun was recovered from..........
Indian Penal Code, 1860, Section 302 -- Murder - Medical evidence - Post mortem report of deceased shows that he sustained number of injuries on neck, chest and upper arm - Deceased was well built and nourished - Three servants of deceased were sleeping adjoining room where deceased was sleeping but none of them heard any noise and rescue deceased which again raises..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366, 376d, 506, 201 -- Bail - Kidnapping and rape - Physiological report of prosecutrix found to be indicative of border line mental retardation followed by 25% intellectual impairment - It made the prosecutrix although more vulnerable and a soft target - More so, prosecutrix was living with her..........
Indian Penal Code, 1860, Section 302 -- Murder - Insufficiency of light - Medical evidence absolutely inconsistent with ocular testimony - This aspect gives rise to the inference that incident was not seen by the complainant and it is only because of enmity, that name of appellant was dragged and he was made an accused in the instant case, or because of insufficiency of..........
Criminal trial -- Murder - Non-recovery of weapon of offence - Where medical evidence confirms the ocular evidence about fatal injury having been caused with sharp instrument, no, recovery of knife used in crime is inconsequential...........
Indian Penal Code, 1860, Section 302, 307, Arms Act, 1959, Section 27 -- Murder - Deceased died due to stab wound caused on his back side with intention of causing death - Medical & ocular evidence shows that knife was actually used to cause serious injuries to deceased - Recovery of live bullets and one spent cartridge corroborates that fire-arm was also used -..........
Indian Penal Code, 1860, Section 302, 201 -- Suicide or death by hanging : (i) Accused had illicit relations with another woman (co-accused) and they strangulated the deceased - Deceased had ligature marks around her neck - Defence version that deceased committed suicide by hanging - Defence version not believed because as per Modi's Medical Jurisprudence there should have..........
