Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - Testimony of victim is corroborated by evidence of PW3/eyewitness which establishes the occurrence of incident which is further supported by PW4/medical officer - Prosecution has successfully demonstrated that accused assaulted complainant giving a blow to left cheek, which resulted in bleeding from left ear -..........
Indian Penal Code, 1860, Section 376D, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - A-1 gagged mouth of victim, while the other two held her hands and dragged her to a field in the jungle but she did not describe clearly the way in which she was dragged - No injury due to dragging and no evidence of committing rape has been reflected in..........
Civil Procedure Code, 1908, Order 18, Rule 19, Civil Procedure Code, 1908, Order 26, Rule 1 -- Statement of witness - Appointment of Local Commission - Once Court is satisfied from medical record and age of witness that attendance in Court is not possible without risk to health, Court can direct evidence to be recorded through commission - Wrong mentioning of O.10 CPC in..........
Indian Penal Code, 1860, Section 326, 452 -- Offence u/ss 326, 452 IPC - Role attributed to petitioners is qualitatively distinct from that of co-accused, who alone was alleged to have inflicted grievous spear blows - No evidence shows meeting of minds to cause grievous hurt - Prosecution has, therefore failed to establish beyond reasonable doubt that petitioners shared a..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Determination of income of deceased - Deceased was having diploma in Pharmacy though the exact remuneration is not substantiated - He is found to be in a partnership of pharmaceutical distributorship and associated with a Cooperative Bank - Deceased was also running a medical shop, though prior to date of accident licence..........
Consumer Protection Act, 1986, Section 23 -- Medical negligence - Death of mother and her new born child after delivery - Medical evidence on record and opinion expressed by doctors and experts who consulted medical Boards/Committees, clearly tilted the balance in favour of doctor, as none of them found any medical negligence on her part - Moreover, these medical bodies..........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Identification of accused - I.O. himself admitted that no TIP was conducted - He deposed that three villagers had allegedly identified accused in connection with occurrence, but not a single one of them was examined by prosecution - Failure of prosecution to examine these vital witnesses strikes at the root of case..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Functional disability - Disability to be assessed for purpose of awarding compensation arising from a motor accident is functional disability which reduces the earning capacity of claimant and not strictly medical disability...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Medical expenses - Entire medical expenses claimed for which invoices were produced, totalling Rs.12,54,985 has to be paid to claimant - High Court has awarded an amount of Rs.1 lakh for pain, shock and suffering and an amount of Rs.2 lakhs for loss of amenities which is proper - More so, considering that..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Keeping in view 50% functional disability of claimant, multiplier of 18, medical expenses @ Rs.12,54,985 and other heads under which claimant is entitled to compensation, total compensation of Rs.48,44,790 with 6% interest per annum commencing from date of application is proper...........
