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Showing contexts for: potency test in The State Of Telangana vs Shaik Babu on 28 April, 2023Matching Fragments
9. On 27.11.2019, at about 09.00 AM, a team consisting of LW.40-K.Venugopal HC-604, LW.41-T.Santhosh PC-1347 and LW.42-Mohammad Ifthekar Ali PC-3173 apprehended A1 to A3 at Adilabad cross roads of Asifabad and on their production, the PNR, J & JS, J RT No.1/2020 & Crl.A.No.293/2020 Investigation Officer interrogated them in the presence of PW.15- Arram Nithin Kumar and LW.30-Mohammad Yunis, wherein, A1 to A3 have confessed to have committed the offence. Pursuant to their confession, one blood stained knife used in the commission of offence, blood stained jeans pant, shirt, underwear of A1 were seized from A1; one mobile of ITEL company of the deceased, blood stained pant, shirt, underwear were seized from A2; and Rs.200/-, blood stained pant, shirt and underwear were seized from A3, under cover of three different panchanamas. Thereafter, the Investigation Officer affected the arrest of A1 to A3, got conducted their potency test by PW.19-Dr.Vidyasagar, Medical Officer of Asifabad Government Hospital, who certified that there was nothing to suggest that A1 to A3 were incapable of performing sexual act. Later, A1 to A3 were produced before the Court concerned for judicial remand. Subsequently, the Investigation Officer collected the DVD of confession of A1 to A3 and seizure of articles from the accused from LW.22-Shaik Saleem who recorded the confession and seizure panchanama.
PW.5/Athram Laxman He is another circumstantial witness who saw A1 to A3 following the deceased before the offence. PW.6/Jadhav Ganesh He is a circumstantial witness, who is a owner of kirana shop who observed the clothes of A1 to A3 having blood stains when they came to his shop.
PW.7/Shaik They are circumstantial witnesses, who disclosed
Shamshoddin that A1 to A3 were not present since afternoon of
And 24.11.2019 in the village.
PW.8/Varkade Datha
PW.9/Athram Madhav He is the photographer who took the photographs of
Rao the dead body of the deceased.
PW.10/Shaik Saleem He is the videographer who videographed the
confessional statement of A1 to A3.
PW.11/Kadem Krishna He is the brother by courtesy to the deceased, who
brought SIM No.8331065878 and gave to the
deceased for usage.
PW.12/Rathod Vasanth He is a panch witness for inquest panchanama,
Rao crime details form, rough sketch and scene of
offence panchanama.
PW.13/Kallem Thirupathi They are the panch witnesses for seizure of blood
And stained clothes of the deceased at Government
PW.14/Patri Srinivas Hospital, Utnoor.
PW.15/Arram Nithin He is a panch witness for confession and seizure
Kumar panchanama of A1 to A3.
PW.16/J. Narayana He is the Tahsildar who issued Caste Certificate of
PNR, J & JS, J
RT No.1/2020 & Crl.A.No.293/2020
the deceased.
PW.17/M.Madhukar He is the Tahsildar, who issued Caste Certificates of
A1 to A3.
PW.18/Dr.Upender He is the doctor who conducted autopsy over the
Jadhav dead body of the deceased and issued Preliminary
PME Report and Final Opinion.
PW.19/Dr.Vidyasagar He is the doctor who conducted Potency Test of A1
to A3 and issued Report.
49. PW.25-A.Satyanarayana, DSP, Asifabad, deposed in his evidence that on 25.11.2019 at about 09:30 AM, on receipt of information from PW.24 about tracing of dead body of the deceased, he rushed to Lingapur police station, by then he was appointed as Investigating Officer in this case through Ex.P.30 memo, as such he received CD file from PW.24, went to scene of offence i.e., in between Ramnaik Thanda and Yellapatar village along with CI of Police and other staff, saw the dead body of deceased and PW.1 identified the dead body. He examined PWs.1, 2 and other witnesses. He conducted Inquest Panchanama, CDF and also drew Rough Sketch in the presence of PW.12 and two others viz., Rathod Sheela and Jadhav Tukaram and seized MOs.4 to 9 in their presence under Ex.P11-Panchanama and later he went to Government Hospital, Utnoor and at about 04.45 PM, seized MO.2/blood stained brown colour saree, MO.3/blood stained rose colour blouse, MO.10/blood stained white colour torn panty piece before panch witnesses, i.e., PWs.13 and 14 under Ex.P12. He collected Ex.P3/photographs, Ex.P4/DVD, Ex.P9/65B Certificate from PW.9 and formed a special team consisting of PW.23 and two others for apprehending the accused. PW.25 further deposed that PNR, J & JS, J RT No.1/2020 & Crl.A.No.293/2020 by issuing requisitions, he collected Ex.P16/Caste Certificate of deceased from PW.16 and Ex.P17/Caste Certificate of A1 to A3 from PW.17, according to which, the deceased belongs to SC-Beda Budagajangam community, while A1 to A3 belong to BC-E Shaik Muslim community. On 27.11.2019 at about 09:30 AM, PW.23 and other two police personnel produced A1 to A3 before him stating that at about 09:00 AM, they apprehended them at Adilabad cross road of Asifabad. Thereupon, he secured the presence of PW.15 and one Mohd.Younus as panch witnesses, PW.10/videographer and on his request, PW.15 and Mohd.Younus enquired A1 to A3, one by one, and all the accused confessed to have committed the offence. Later, A1 produced one blood stained knife and also blood stained blue colour jeans pant, blood stained green black colour checks shirt and blood stained blue colour CRITO company underwear, which were worn by him at the time of offence. Similarly A2 and A3 also produced their clothes i.e., pant, shirts and underwear, which were worn by them at the time of offence. A2 also produced MO.1/mobile stating that it was stolen by him from the deceased, while A3 also produced MO.21/Cash of Rs.200/- stating that he had stolen it from the deceased at the time of offence. Accordingly, he seized the knife, clothes of accused, mobile and cash under cover of three separate PNR, J & JS, J RT No.1/2020 & Crl.A.No.293/2020 panchanamas before the panch witnesses under video coverage by PW.10. After getting conducted potency test of A1 to A3 at Government Hospital, Asifabad, effected their arrest and produced them before Judicial Magistrate of First Class, Utnoor, for judicial remand. He collected Potency Test Certificates of A1 to A3 under Exs.P20 to P22 from PW.19. Later, he examined some other witnesses also, obtained preliminary PME report under Ex.P18 from PW.8 and another doctor, forwarded material objects preserved by the team of doctors to FSL through Superintendent Of Police, Asifabad, through Ex.P31/Letter of advice. On 06.12.2019, as per the orders of Court in Crl.M.P.No.558 of 2019, he produced A1 to A3 before Telangana State Forensic Science Laboratory, Hyderabad, for collecting blood samples to conduct DNA comparison through Ex.P32/Letter of Advice. On 08.12.2019, he submitted requisition to PW.22/Nodal officer to furnish certified copy of CAF and CDRs of mobile of the deceased, collected Exs.P25 to P27 and on comparison, Exs.P25 and P26 tallied with the IMEI number of mobile of deceased, which was recovered from A2. On the same day, he submitted another requisition to the Nodal Officer of Reliance Jio to furnish CAF and CDRs for the mobile No.9502721152 of PW.1 and the same were received. On 13.12.2019, on receipt of DNA and Serology reports, he submitted PNR, J & JS, J RT No.1/2020 & Crl.A.No.293/2020 report to PW.18 and another doctor Rathnamala and obtained Ex.P19/Final opinion from them about the cause of death, which was "due to shock and hemorrhage as a result of cut throat injury and there is evidence of recent vaginal sexual intercourse." He further deposed that on completion of investigation and collecting all the documents, laid charge-sheet against A1 to A3 for the offences punishable under Sections 376D, 302, 404 r/w 34 IPC and Sections 3(1)(w-i) and 3(2)(v) of SCs/STs (POA) Act.
62. Further, the prosecution has relied upon the evidence of PWs.19 to 21 in order to establish that A1 to A3 are the persons who committed rape on the deceased and committed her murder. PW.19, the doctor who conducted potency test on A1 to A3, deposed that A1 to A3 are capable of performing sexual act. Nothing is elicited from him to show that the potency test so conducted is not scientifically approved and reliable and potency PNR, J & JS, J RT No.1/2020 & Crl.A.No.293/2020 cannot be decided through the test conducted by him. Hence, the evidence of PW.19 can be relied upon.