Juvenile Justice (Care and Protection of Children) Act, 2015, Section 9(2), 18, Indian Penal Code, 1860, Section 307 -- Juvenile - Attempt to murder - Accused was minor on the date of incident in question as per report of District and Sessions Judge - However, since the offence was committed in 2004, it is not appropriate to send petitioner to be dealt with by Board - Ends..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen theory - No eye witness to actual occurrence - Evidence of last seen witnesses is contradictory - Though deceased was found in the company of accused on 25.8.98 but as per medical evidence deceased died somewhere between 25.1.98 to 27.1.98 - Time elapsed since death was 24-96 hrs -..........
Criminal Procedure Code, 1973, Section 200, 190 -- Medical negligence - Private complaint against doctor - Private complaint should not be entertained against a Doctor unless complainant has produced prima facie evidence in the form of clear opinion by a competent Doctor in the same field to support a charge of rashness or negligence - Even a police officer cannot proceed..........
Indian Penal Code, 1860, Section 416, 417, 418, 419, 34, Criminal Procedure Code, 1973, Section 482 -- Medical negligence - Quashing of proceedings - No allegation of gross negligence - Even there is no allegation of any mens rea - It is a case of surgery that in opinion of complainant went wrong - Even otherwise, without an independent impartial medical opinion,..........
Indian Penal Code, 1860, Section 302, 392, 34 -- Murder and robbery - Medical evidence - Medical officer unambiguously opined that injury No.1 along with internal damage was sufficient to cause death of deceased in ordinary course of nature - From the nature of ante mortem injuries suffered by deceased as described in inquest Panchnama r/w post mortem report, it can be..........
Indian Penal Code, 1860, Section 304A, Criminal Procedure Code, 1973, Section 202 -- Medical negligence - Death of newly born child - Summoning of doctor - Child not born hale and hearty and suffering from diseases - Evidence on record shows that child was shifted to another hospital very next date of birth - No evidence that doctor was negligent - Order refusing to summon..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused inflicted four stab wounds to deceased and inflicted one stab wound to PW7 - Ocular version is duly corroborated by medical evidence - Presence of PW7 at the spot cannot be doubted - PW7 and PW8 had no reason to falsely involve accused in the case - Since deceased had suffered four stab..........
Indian Penal Code, 1860, Section 377, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6 -- Unnatural offence - Victim stated that accused committed carnal intercourse with him and had left him after three/four hours - However, said version of victim not corroborated by medical evidence - Victim stated that he was bleeding from his anus, but said fact..........
Indian Penal Code, 1860, Section 302, 498A -- Murder of wife by husband - Cruelty - Death by burning - PW8, sister of deceased had seen accused leaving the spot and her sister/deceased was in flames in kitchen - Presence of PW8 at the spot is natural and cannot be doubted, as PW8 residing in same house along with accused and deceased - Mere recovery of one plastic can from..........
Indian Penal Code, 1860, Section 363, 376 -- Kidnapping and rape - Prosecutrix was minor on the date of incident is proved on record - Accused kidnapped prosecutrix from lawful guardianship of her grandfather - Statement of prosecutrix that she was subjected to sexual assault by accused is duly corroborated by testimony of medical officer - Offence in question is made out..........
