Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Child witness Medical Evidence |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 - s.302/34 - Death of woman in hermatrimonial house by stab injury on neck - Initial prosecutionof the family members of the in-laws of the deceased u/ss.498A and 306 /PC - Acquittal in the case - Not challengedfurther - Complaint by brother of the deceased allegingmurder of the deceased by 6 family members of her in-laws- Prosecution uls. 302 and 201 rlw. s.34 /PC - Son of thedeceased, who was 7 years of age at the time of incident,deposed as eye-witness - Trial court relying on the testimonyof child witness, convicted 2 of the accused uls.302134 whileacquitted other 4 accused - High Court reversed the order ofconviction - On appeal, held: Order of High Court is notperverse or unreasonable so as to call for interference -Prosecution failed to prove its case beyond reasonable doubt- The child witness was tutored and his evidence was withoutadequate corroboration and hence did not inspire confidence- Order of acquittal upheld.Witness - Child witness - Testimony - Corroboration of -Held: In absence of corroboration of oral testimony of childwitness, his evidence cannot be relied on.Medical Evidence - Appreciation of - Held: Medicalevidence cannot be considered in isolation and must be.. taken in conjunction with all the circumstantial evidence onrecord - When the doctor expresses two views, the viewfavourable to the accused should be taken into account.Penal Code, 1860 - s.302134 - Death of woman in hermatrimonial house by stab injury on neck - Initial prosecutionof the family members of the in-laws of the deceased u/ss.498A and 306 /PC - Acquittal in the case - Not challengedfurther - Complaint by brother of the deceased allegingmurder of the deceased by 6 family members of her in-laws- Prosecution uls. 302 and 201 rlw. s.34 /PC - Son of thedeceased, who was 7 years of age at the time of incident,deposed as eye-witness - Trial court relying on the testimonyof child witness, convicted 2 of the accused uls. 302/34 whileacquitted other 4 accused - High Court reversed the order ofconviction - On appeal, held: Order of High Court is notperverse or unreasonable so as to call for interference -Prosecution failed to prove its case beyond reasonable doubt- The child witness was tutored and his evidence was withoutadequate corroboration and hence did not inspire confidence- Order of acquittal upheld.Witness - Child witness - Testimony - Corroboration of -Held: In absence of corroboration of oral testimony of childwitness, his evidence cannot be relied on.Medical Evidence - Appreciation of - Held: Medicalevidence cannot be considered in isolation and must be.. taken in conjunction with all the circumstantial evidence onrecord - When the doctor expresses two views, the viewfavourable to the accused should be taken into account. |
Judge | Hon'ble Mr. Justice A.K. Patnaik |
Neutral Citation | 2013 INSC 372 |
Petitioner | Hamza |
Respondent | Muhammadkutty @ Mani & Ors. |
SCR | [2013] 10 S.C.R. 867 |
Judgement Date | 2013-06-20 |
Case Number | 268 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |