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Showing posts with label
Medical evidence
.
Show all posts
Showing posts with label
Medical evidence
.
Show all posts
Saturday, 18 April 2026
When Eyes Speak and Science Checks: Ocular vs Medical Evidence in Criminal Trials
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In criminal trials, courts often face a recurring question: what should prevail when eyewitness testimony conflicts with medical evidence? ...
Thursday, 26 March 2026
Bombay HC: How to appreciate prosecution evidence if there is contradiction in evidence of Victim and medical opinion?
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The Complainant was specific in the FIR (Exhibit 15) that the respondents No. 1 and 2 assaulted with the axe on his head but used the revers...
Sunday, 17 March 2024
Whether the court can acquit accused due to absence of medical evidence if reliable oral evidence is available in the case?
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It is true that unfortunately there is no medical examination as PW3 father of victim, who was an illiterate person hailing from another...
Friday, 7 August 2020
Supreme Court Judgment on appreciation of evidence if there is discrepancy in Medical Evidence and Ocular Evidence
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Medical Evidence v. Ocular Evidence 31. In State of Haryana v. Bhagirath and Ors. MANU/SC/0362/1999 : (1999) 5 SCC 96, it was held a...
Whether court can convict accused with the aid of S 34 of IPC in place of S 149 of IPC even though no charge was framed U/S 34 of IPC?
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Effect of Failure to frame proper charges 39. In State of Andhra Pradesh v. Thakkidiram Reddy and Ors. MANU/SC/0490/1998 : (1998) 6 S...
Tuesday, 16 June 2020
Whether the court can convict accused prosecuted for an offence under the POCSO Act based on digital medical examination of the victim?
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The testimony of the victim stood supported by medical examination. P.W.10 - Dr. Sambhaji Kadam, though has stated that he had not fo...
Friday, 27 December 2019
Leading Supreme court judgment on appreciation of medical evidence and ocular evidence
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Coming to the plea that the medical evidence is at variance with ocular evidence, it has to be noted that it would be erroneous to accord ...
Tuesday, 13 June 2017
Whether accused can be acquitted if Expert Evidence is cryptic and inadequate?
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But looking at the post-mortem report, cause of injuries was not stated nor was any opinion formed to create independent testimony. We wo...
Tuesday, 17 May 2016
How to appreciate evidence if Ocular evidence is contradictory of Medical evidence?
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We are of the view that the High Court, for acquitting the respondents, had mainly relied upon the medical evidence in a very inappr...
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