Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113 -- Dowry death - Conviction - Appreciation of evidence - It is established on record that deceased and her sister were harassed for not bringing motor cycles in dowry - Statement of accused before Panchayat that harassment will continue, if demand is not fulfilled is against accused - Fact that..........
Medical Council of India Act, 1956 -- It must be proved by evidence of experts in the filed that suffering of ailment was as a result of improper performance of surgery and that too with the degree of negligence on the part of doctor - However, proving suffering of ailment by patient after surgery is not sufficient...........
Medical Council of India Act, 1956 -- Consent given for laparoscopy surgery of Gall Bladder - Doctor while performing laparoscopy found some inflammation, adhesion and swelling on Gall Bladder - He came out of operation theater and informed husband of patient about condition of gall gladder and sought his consent to do conventional surgery - It is a natural conduct and..........
Indian Penal Code, 1860, Section 376(2)(f), Evidence Act, 1872, Section 154 -- Rape of 9 years old minor girl - Prosecutrix turned hostile and failed to identify accused in dock - It cannot be a relevant fact and reason for acquittal of accused, particularly when medical evidence fully corroborates the offence of rape committed upon prosecutrix...........
Indian Penal Code, 1860, Section 376(2)(f), Evidence Act, 1872, Section 154 -- Rape of 9 years old minor girl - Prosecutrix turned hostile - Deposition of prosecutrix was recorded nearly 6 months after occurrence - It was thus, sufficient time and opportunity for accused to win over prosecutrix and PW1 by a settlement through coercion, intimidation, persuasion and undue..........
Evidence Act, 1872, Section 24 -- Extra judicial confession - Reliability - Witnesses of extra judicial confession were closed relatives of deceased who stated death was caused by strangulation but the same was falsified by medical report and other evidence - Evidence of extra-judicial confession, held not reliable...........
Evidence Act, 1872, Section 32 -- Medical report - Not possible for doctor to come to Court due to his illness - When Doctor who gave medical report is unable to come to Court to depose about medical report given by him, certificate granted by Doctor can be relied upon...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce petition filed by husband - Mental cruelty - Wife suffering from schizophrenia - Doctor examined wife, unable to depose in Court due to illness - Medical report admissible u/s 32 of Evidence Act - Medical report reveals that due to her mental illness, she is not able to cohabit with her husband which caused mental..........
Indian Penal Code, 1860, Section 302 -- Murder of four persons - Testimony of sole eye witness - Evidence of sole eye witness is corroborated by medical evidence and evidence of ballistic expert - Delay in registration of FIR is properly explained - Recovery of weapon of offence proved on record - Slight variation in description of katta recovered from accused does not..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 25, 32, Haryana De-addiction Centre Rules, 2010, Rule 6 -- Drug De addiction Centre - Running without licence - Stocking of eight types of drugs containing Buprenorphine - Running Drug De addiction Centre without having any license is violative of provisions of..........
