Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 376(2)(N) -- Bail - Rape of minor daughter by her own father - Medical examination report of victim shows that she was subjected to sexual intercourse - Accused was capable to perform sexual intercourse as per his medical report - Incarceration of accused is necessary in the interest of..........
Indian Penal Code, 1860, Section 326A -- Acid attack - Eye witness/victim is the main injured in the case and her testimony carries much weight - Doctor opined that injuries caused to victim by acid attack were grievous in nature - Statements of victim and her sister who accompanied her at the time of incident have fully supported the prosecution case and their statements..........
Indian Penal Code, 1860, Section 326A, 324, 323, 353, 332 -- Acid attack - Accused poured acid over body of injured and beaten him by bricks and iron rod - Injured sustained injuries over his head, due to acid as his right eye was injured - No contradiction between medical and oral evidence - Evidence of injured is corroborated by evidence of eye witnesses and medical..........
Indian Penal Code, 1860, Section 376, 452, 506(2), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Accused used to take victim to Kanpur for treatment and on the date of incident he stayed in a guest room where he committed rape with victim - Statement of victim u/s 164 Cr.P.C corroborated the statement given by victim as PW2 - Plea of false..........
Indian Penal Code, 1860, Section 304, 316, 34 -- Medical negligence - It need not be because of mens rea as intent...........
Indian Penal Code, 1860, Section 304, 316, 34 -- Medical negligence - Summoning of accused without insisting for medical evidence or examination of professional Doctor in support of case - Order of trial Court summoning accused and order of High Court set aside - Trial Court to call upon complainant to first examine the professional doctor as a witness in support of his..........
Indian Penal Code, 1860, Section 376, 506(2) -- Rape - Medical evidence - Prosecutrix found to be used to sexual intercourse - Doctor has not given any opinion about rape - Medical evidence thus does not corroborate prosecution story - Even I.O. has not corroborated prosecution story as he has not found any broken Jwar plants as stated by prosecutrix - Every part of..........
Indian Penal Code, 1860, Section 302, 34, 120B -- Murder - Circumstantial evidence - Last seen theory - PWs stated that prior to point of last seen, deceased was constantly in the company of A-1 - PW3 and PW4 are persons who lastly saw deceased alive on 9.4.1987 and they categorically deposed that they had seen deceased along with accused persons - Deposition of PW3 and..........
Medical Termination of Pregnancy Act, 1971, Section 3(2)(b)(i) -- Termination of pregnancy of victim of domestic violence - Petitioner is a victim of domestic violence for which she has initiated appropriate proceedings under PWDV Act - She is also seeking divorce from her husband - Husband of petitioner indicated that he would not share the burden of raising the child -..........
Indian Penal Code, 1860, Section 302, 34, 120B -- Murder - Testimony of eye witness - Accused assaulted deceased with iron pipes, sticks and iron rods - PW2 accompanying deceased on motorcycle - He ran away from the place of incident and returned with his friends - Credibility of PW2 as an eye witness not doubtful - PW10 an independent witness corroborated PW2 in all..........
