Indian Penal Code, 1860, Section 376 -- Rape - Testimony of victim - Corroboration from medical evidence is not sine qua non when cogent evidence of victim is available...........
Indian Penal Code, 1860, Section 376(2), 450 -- Rape - Testimony of prosecutrix - Evidence of prosecutrix was entirely probable, natural and trustworthy who with lucidity narrated whole incident about commission of offence against her by accused - Testimony of brother of victim as a child witness was rationally and logically supportive of what prosecutrix narrated - Factum..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused cannot be held guilty of offence of murder solely on basis of medical evidence...........
Service -- Disability during service - Retirement on medical grounds must be a measure of last resort, only after employer exhausts all reasonable avenues for redeployment - This principle is inherent in the concept of "reasonable accommodation", which is now recognised as an aspect of substantive equality u/arts 14 and 21 of Constitution - Failure to explore alternate..........
Service -- Disability during service - Alternate post - Burden lies on Corporation not employee to establish that no suitable alternate post was available or could reasonably be created - Mere invocation of a medical certificate, or silence of a circular, cannot constitute compliance - Inaction is not neutrality, in such cases, it is a form of institutional exclusion...........
Service -- Disability during service - Alternate post - Appellant appointed as driver was found colour blind during service and was declared unfit to hold the post of driver - He was prematurely retired from service on medical grounds without any meaningful effort by respondent/Corporation to explore his suitability for alternate employment - This action, taken in..........
Indian Penal Code, 1860, Section 452, 302 -- Murder - Plea of juvenile - Neither the Headmaster/Principal of the first attended school nor its records would qualify as `public servant' or `public record' or `public document' respectively - The certificate issued by School could not have been taken as conclusive proof of date of birth of Respondent No.2, discarding Form (A)..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Determination of age of victim - Victim was above age of 15 years and below 17 years at the relevant point of time as per medical report - Ossification test report are based upon an opinion given by a radiologist based on appearance of epiphysis and fusion of margins of bones - There would be always..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 14(3), 15 -- Preliminary assessment - JJ Board is to determine mental and physical capacity of petitioner to commit crime - Mere fact that documents were not forwarded to Medical Board cannot lead to an inference that report issued by Medical Board was bad...........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Unnatural offence - When testimony of victim or complainant are not trustworthy nor find corroboration from medical evidence, delay in lodging FIR also assumes significance...........
