Friday 28 December 2018

When court should disregard evidence of doctor that injury was due to fall?

 Under Section 161, Code of Criminal Procedure confirming the sexual assault on her after she turned hostile, contending that she had suffered injury in a fall. The nature of injuries on her person are well nigh impossible due to a fall. Any opinion of the doctor that such injury could be caused by a fall, does not establish the injury as due to fall, as a fact but remains a mere expression of an opinion.

Criminal Appeal No. 913 of 2016

Decided On: 28.09.2018

Hemudan Nanbha Gadhvi  Vs. State of Gujarat

Hon'ble Judges/Coram:
Ranjan Gogoi, Navin Sinha and K.M. Joseph, JJ.

Citation: AIR 2018 SC 4760.
Read full judgment here:Click here
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