suit for damages, the cause of
which was a failed sterilization operation at the Government
Hospital. Evidence was led and negligence was found on
appreciation
exceptional case
when there are undisputed facts and documents of sterile quality failed to be
brought in as evidence. In this case
bottom, is yet not, only, incomplete but insufficient and inefficient.
11. We fail to understand, as to why, the learned Sessions Judge ... failed to comprehend as to why the Additional Public Prosecutor, who belongs to a creed and chamber of "pro-bono-publico", failed
Steril Bulk worth
Rs.7,08,000/ to the accused persons under the Invoice
No.3150. Accused no.2 has failed to pay the aforesaid
death of Sangeeta Bai was due to complexity arisen after the
tubectomy/sterilization operation and no negligence has been done by the
petitioner ... criminal law it must
be shown that the accused did something or failed to do something which in the
Signature Not VerifiedDigitally signed
Lastly, the Ld. Defence Counsel has argued that the prosecution has
failed to prove the case against the accused reasonable doubt. The concept
of Beyond ... lingering suspicion and thereby destroy
social defence. Justice cannot be made sterile on the plea that it is
better to let hundred guilty escape than
fixing the liability for the public wrong on the
State which failed in the discharge of its public duty to protect ... argument. We see no effective
answer to it save the stale, and sterile objection that the
petitioner may, if so advised, file a suit
carried out by the IO was totally unfair and
he had completely failed to investigate the case in a fair manner. This
fact is proved ... case had not verified document mark DX1 (certificate
of sterilization of the mother of the prosecutrix) from
mean proof beyond
a shadow of a doubt. The law would fail to protect the
community if it permitted fanciful possibilities to deflect
the course ... lingering
suspicion and thereby destroy social defence.
Justice cannot be made sterile on the plea that it is
better to let a hundred guilty escape
case against both
accused persons beyond reasonable doubt and accused
persons have failed to lead any defence in their favour. He
has also submitted that ... mean proof beyond
shadow of doubt and that the law would fail to protect the
community if it permitted fanciful possibilities to deflect the
course