Indian Penal Code, 1860, Section 363, 366A, 376, 201 -- Kidnapping and rape of 5 years old minor girl - Merely because parents of child victim turned hostile and stated that victim was not having any injury mark, have no impact on prosecution case, particularly when medical evidence proves otherwise...........
Indian Penal Code, 1860, Section 363, 366A, 376, 201 -- Kidnapping and rape of 5 years old minor girl - Accused committed rape of 5 years old girl in a truck - Missing of girl was reported immediately to police and within three hours girl was recovered - Accused was arrested on the same day and on his information truck was seized - Mobile Unit of FSL inspected truck and..........
Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12 -- Determination of age of prosecutrix - Admittedly there is no Board certificate and no certificate from school first attended by prosecutrix and even there is no certificate from local bodies - Prosecutrix was medically examined for determining her age, but Medical Board certificate has not been..........
Medical education - - Admission - Post Graduate Medical courses - Benefit of reservation - Notification issued by State of Maharashtra extending benefit of reservation to extent of 10% to economically weaker sections inter alia in postgraduate medical courses, will have no application to ongoing process of selection, as modalities of selection cannot be changed after..........
Indian Penal Code, 1860, Section 304A, Constitution of India, 1950, Article 21 -- Death by negligence - Medical negligence - Before surgery neither any consent was obtained from the patient nor there is any material on record to suggest that she was personally ever made aware about fatal consequences - Although, petitioner has tried to justify factum of consent while..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304A -- Quashing of summoning order - Death by medical negligence - - Quashing of summoning orders - There is a pre-condition for seeking an opinion from a doctor in Government Service qualified in branch concerned before proceeding in a complaint case and that condition has not been satisfied in..........
Indian Penal Code, 1860, Section 376, 328, 120B, 34 -- Rape - Allegation that husband of prosecutrix used to give her sedatives and permit accused to make physical relationship with her - Incident occurred when prosecutrix discovered accused lying beside her after she regained consciousness - However, no explanation given by prosecutrix as to why complaint was lodged after..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Injury - Compensation - 75% disability - Keeping in view extent and nature of injuries, amount spent by claimant on his medical treatment, his hospitalization, number of operation undergone by him, his inability to work for a considerable time, compensation cannot be said to be on higher side...........
Indian Penal Code, 1860 -Cruelty - Major contradictions in the statements of father and brother of victim in respect of demand of dowry - Even in FIR lodged by PW1, it is not mentioned that victim was subjected to cruelty or harassment by accused for demand of dowry - Offence u/s 498-A IPC not made out against accused - Accused rightly acquitted. (Paras 18 & 19)
Indian..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Allegation that A-2 to A-4 poured kerosene oil on victim, as a result of which her saree was burnt - After getting information about incident, PW1 and brother of victim reached matrimonial home of victim and took her to police station to lodged FIR and thereafter victim was referred to Hospital - However,..........
