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1 - 10 of 13 (0.22 seconds)Section 342 in The Indian Penal Code, 1860 [Entire Act]
Section 376 in The Indian Penal Code, 1860 [Entire Act]
Section 511 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Section 164 in The Code of Criminal Procedure, 1973 [Entire Act]
The State Of Punjab vs Gurmit Singh & Ors on 16 January, 1996
In view of the submission of Ld. APP for state and counsel for
accused and material placed on record, in case of defective investigation,
the court has to be circumspect in evaluating the evidence but it would not
be correct to acquit the accused solely on account of defect in
S.C. No. 186/1/09 Page8/24
investigation. To do so would tantamount to playing into the hands of the
Investigation Officer even if the investigation is designedly defective.
This view is taken in State Vs Gurmit Singh AIR 1996 SC 1393.
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Madan Gopal Kakkad vs Naval Dubey And Anr on 29 April, 1992
Modi in his well known work "Medical Jurisprudence and
Toxicology" states that "to constitute the offence of rape it is not
necessary that there should be complete penetration of penis with
emission of semen and rupture of hymen. Partial penetration of the
penis within the labia majora or the vulva or pudenda with or
without emission of semen or even an attempt at penetration is quite
sufficient for the purpose of the law. It is, therefore, quite possible to
S.C. No. 186/1/09 Page10/24
commit legally the offence of rape without producing any injury tot
he genitals or leaving any seminal stains. In such a case medical officer
should mention the negative facts in his report, but should not give his
opinion that no rape had been committed. Rape is crime and not a
medical condition. Rape is a legal term and not a diagnosis to be
made by the medical officer treating the victim. The only statement
that can be made by the medical officer is that there is evidence of
recent sexual activity. Whether the rape has occurred or not is a legal
conclusion, nor a medical one. The above observations are quoted
with approval by the Supreme Court in Madan Gupal Kakkad Vs Naval
Dubey 1992 AIR SCW 1480.
Siriya @ Shri Lal vs State Of M.P on 13 May, 2008
In 2008 X AD (S.C.) 645 in case titled as Siriya @ Shri Lal Vs State of
Madhya Pradesh, it has been held that, "in operation of Sentencing System,
law should adopt corrective machinery or the deterrence based on factual
matrix facts and given circumstances in each case, the nature of the crime, in
manner in which it was planned and committed, the motive for commission of
the crime, the conduct of the accused, nature of weapons used and all other
attending circumstances are relevant in award of sentence. Sympathy to impose
inadequate sentence would do more harm to the justice system to undermine the
public confidence in the efficacy in law. .......... In each case, there should be
proper balancing of aggravating and mitigating circumstances on the basis of
relevant circumstances in a dispassionate manner.