Search Results Page
Search Results
1 - 7 of 7 (0.24 seconds)The State Of Punjab vs Gurmit Singh & Ors on 16 January, 1996
In Gurmit Singh's case (supra) Hon'ble Supreme Court
further held as under:-
Bharwada Bhoginbhai Hirjibhai vs State Of Gujarat on 24 May, 1983
In Bharwada Bhoginbhai Hirjibhai Vs. State of Gujarat,
(1983) 3 SCC 217, the Hon'ble Supreme Court held that refusal to act on
the testimony of a victim of sexual assault in the absence of corroboration
as a rule, is adding insult to injury. Hon'ble Supreme Court further
deprecated that viewing evidence of such victim with the aid of spectacles
fitted with lenses tinted with doubt, disbelief or suspicion.
33 I thus, find that there is no infirmity in the judgment of
learned trial Court and the conclusions arrived at are affirmed.
Sunil vs State Of Haryana on 4 December, 2009
In Sunil Vs. State of Haryana, (2010) 1 SCC 742, Hon'ble
Supreme Court observed that doctor who examined the prosecutrix
referred her for ossification test to the Dental Surgeon and the
Radiologist. It was held that failure of getting the prosecutrix examined
from the Dental Surgeon and Radiologist despite the fact that she was
referred to them by the doctor for that purpose is a serious flaw in the
prosecution version. Hon'ble Supreme Court did not lay down as a rule
RISHU KATARIA
2015.04.15 17:17
I attest to the accuracy and
authenticity of this document
CRA-S-446-SB-2009 -6-
that all these tests must be performed in all cases but in the absence of
primary evidence, reports of the Dental Surgeon and the Radiologist
would have helped in arriving at a conclusion regarding the age of
prosecutrix. It was further observed that the prosecution also failed to
produce the Admission Form which would have been a primary evidence
regarding the age of prosecutrix. The School Leaving Certificate
produced by the prosecution was also procured 6 days after the incident
and 3 days after the arrest of appellant. It was held that in a criminal case,
conviction of the appellant cannot be based on an approximate date which
is not supported by record.
The Indian Penal Code, 1860
Section 164 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
1