Evidence Act, 1872, Section 32 -- Two dying declarations - Deceased alleged in both the dying declarations that her mother-in-law poured kerosene oil on her and her husband got her burnt by matchbox - However, there is no fitness certificate given by doctor in this regard that patient is fit for statement or not - Only signatures and seal of doctors were taken - Second..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Determination of age of prosecutrix - There are two contradictory opinions given by two medical experts regarding age of prosecutrix - Age of prosecutrix was around 14 years as per one doctor, however, DW2 opined that age of prosecutrix was around 18 years - In view of two conflicting medical opinions, benefit ought..........
Indian Penal Code, 1860, Section 307, 323, 506, 34 -- Attempt to murder - Eye witnesses who are daughters of complainant were not examined by prosecution and were given up - Real brother of complainant, who has been stated to have taken complainant to Hospital has not been examined as a witness - Doctor who has given opinion as to injury being dangerous to life has not..........
Protection of Children from Sexual Offences Act, 2012, Section 21, 19(1) -- Once doctor who initially attended the victim already informed the matter to police and on the basis of which crime also registered, non furnishing of information again by another doctor, who treated the victim subsequently, by itself would not attract an offence punishable u/ss 21, 19(1) of the..........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 1 -- Summoning of witness/doctor - Divorce proceedings - Application to summon witness was filed by applicant on the same day when applicant's evidence was closed - Therefore, finding of Family Court that application was delayed seems to be erroneous - Further, application to summon doctor is relevant for the reason..........
Indian Penal Code, 1860, Section 363 -- Kidnapping - Age of prosecutrix as per opinion of doctor ranged between 16-18 years and in the absence of any contrary evidence, possibility of prosecutrix being of 18 years cannot be entirely ruled out - Witness to prove the charge of kidnapping was withheld by prosecution - Evidence of prosecutrix does not at all support the case..........
Indian Penal Code, 1860, Section 323, 324, 325, 341, 342, 447, 308, 504 -- Offence u/ss 323, 324, 325, 341, 342, 447, 308, 504 IPC - Land dispute between parties - Informant, his son and wife had received injuries during occurrence - Though injured son and wife of informant was examined medically and their injury report was also proved by doctor, but both of them not..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 323, 325, 308, 34 -- Summoning of doctor - Offence u/ss 323, 325, 308, 34 IPC - Operation note was sent by Doctor and due to oversight name of doctor had not been mentioned in the list of witnesses - Examination of doctor is very much essential to reach on conclusion in the case - Order rejecting..........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - Cataract surgery - Permanent loss of vision in right eye - Appellant made five visits to doctor in a week's period while consistently complaining of immense pain in the operated eye, headache and lack of vision - However, respondent doctor kept reassuring appellant that operation was successful and he would..........
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Murder - Main allegation of causing injury by lathi is against accused who already died during the course of trial - Only allegation against A-2 to A-4 is that they had thrown pieces of bricks on the injured persons - Material contradictions in the evidence of PWs regarding genesis and manner of occurrence -..........
