PW-13, Ramnath, Investigation Officer has stated
that he got conducted the potency test of accusedpersons.
Though the prosecution has not produced and
proved the report of potency test of the accusedpersons
but only because of non-production of the test
reports it cannot be presumed that accused-appellants
are unfit to commit the offence of Section 377 of IPC.
To our mind, the above circumstance goes against the
accused-appellants.
IN THE HIGH Court OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH, JAIPUR
D.B. Criminal Appeal No. 72/2011
Mohammad Arsad @ Layak V State of Rajasthan
PRESENT
MR. JUSTICE AJAY RASTOGI
MR. JUSTICE DINESH CHANDRA SOMANI
Citation:2017 CRLJ 684 Raj
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that he got conducted the potency test of accusedpersons.
Though the prosecution has not produced and
proved the report of potency test of the accusedpersons
but only because of non-production of the test
reports it cannot be presumed that accused-appellants
are unfit to commit the offence of Section 377 of IPC.
To our mind, the above circumstance goes against the
accused-appellants.
IN THE HIGH Court OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH, JAIPUR
D.B. Criminal Appeal No. 72/2011
Mohammad Arsad @ Layak V State of Rajasthan
PRESENT
MR. JUSTICE AJAY RASTOGI
MR. JUSTICE DINESH CHANDRA SOMANI
Citation:2017 CRLJ 684 Raj
