Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Section 193 of the Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Offences against Public Justice - False evidence, Section 193 of the Penal Code - Process, issue of, Section 204 Crl. P.C., explained.In connection with the offences under Sections 302 and 376, medical opinion was sought by the Police as to ( 1) the nature of injuries on the person of the accused. (2) the accused's potency to perform the sexual intercourse and (3) Whether the accused had performed sexual intercourse during the last 24ยท48 hours, from one Dr. P. K. Mittal, Medical Officer, Nehru Municipal Hospital, Abohar. As according to the Government instructions in force at the relevant time, medico-legal cases were to be examined by two doctors, Dr. P. K. Mittal examined the accused in the presence of Dr. Mrs. L. K. Grewal attached to the same hospital. On examination of the private parts of the accused, the doctor~ observed the whole of the glans penis and corona of the accused covered with a thick layer of yellowish material which smelt like smegma. They therefore advised a thorough chemical and microscopic examination of the yellowish material to find out if it was a layer of smegma or not -to enable them to answer third query of the police and referred to the accused to the appellant who was posted as Chief Medical Officer, Ferozepur. The doctors in their forwarding letter stated that they had not at all disturbed the layer so that the appellant "would examine the case in its original condition and order the sample of smegma to be taken and sent for chemical examination if he felt like doing so''. The accused could be taken to Ferozepur by the police only two days later. On going through the letter, the appellant wrote back saying that no special opinion by him was necessary and that Dr. Mittal himself could take the scrapping of the yellowish material and send the same to the chemical examiner Punjab for opinion. The chemical examiner Punjab, as well as the Professor of Pathology, Medical College, Patiala, whose opinion was sought expressed their inability to carry out any test for smegma as they had no arrangement for the same. The accused was convicted and sentenced to death under S. 302 I.P.C. subject to confirmation of the High Court and to imprisonment for life under S. 376 I.P.C. The accused in his appeal claimed benefit of doubt contending that the appellant as well as the other two doctors failed to examine the glans penis of the accused with a view to find out whether there were any injuries thereon or not. On this argument being raised, the learned judges constituting the Division Bench felt that it was necessary in the interest of justice to examine the appellant as a court witness. They, therefore summoned the appellant as a court witness and recorded his statement. At the conclusion of the examination of the appellant, the learned Judges felt that the appellant had intentionally made a false statement with a view to shield his own guilt and to help the accused. They accordingly ordered the prosecution of the appellant under s. 193 I.P.C. |
Judge | Hon'ble Mr. Justice Jaswant Singh |
Neutral Citation | 1978 INSC 165 |
Petitioner | S. P. Kohli, Civil Surgeon, Ferozepur |
Respondent | High Court Of Punjab & Hary Ana |
SCR | [1979] 1 S.C.R. 722 |
Judgement Date | 1978-09-12 |
Case Number | 3 |
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 |