CiteTEXT
...Cases referred :
1. Madan Gopal Kakkad Vs. Naval Dubey, (1992)3 S.C.C. 204...down were blood stained has also been proved. The medical evidence indicates that there was penetration. In the case of (Madan Gopal Kakkad Vs. Naval...
Can't display summary as content is Scanned, Please open the judgment to see full content.
...binding on court under Section 45 of the Indian Evidence Act. He relied on the decision in Madan Gopal Kakkad vs. Naval Dubey and...injuries shown in the Wound Certificate are totally different. The decision in Madan Gopal Kakkad vs. Naval Dubey and another....24533 of 2022 &
W.M.P. No.23497 of 2022
Rajangam ...Petitioner Vs.
1. The State Human Rights Commission Rep. by its Registrar...
...settled by the Apex Court in the case of Madan Gopal Kakkad Vs. Naval Dubey and another, (1992) 3 SCC 204 that even slightest penetration...
...apex court in the case of madan gopal kakkad vs. Naval dubey and another, reported in 1992 jlj page 377 (supreme court) , and santosh vs. State of m. P. , reported in 2006 air supreme court weekly page...) The law relating to evidence of child witness is well settled. As held by the apex court in the case of panchhi and others vs. State of u. P. , reported in (1998) 7 supreme court cases..., the appellant, at the stake and risk of the honour and modesty of their female child of tender years. It has also been held by the apex court in the case of ramdas and others vs. Slate of maharashtra...
...utmost sensitivity. Such cases need to be dealt with sternly and severely."
13. In Madan Gopal Kakkad vs Naval.... State Of Himachal Pradesh vs Asha Ram, 2006 Cri.L.J. 139 was a case in which High Court of Himachal Prdesh has acquitted the accused Asha Ram on the...."
11. In the case of Bharwada Bhoginbhai Hirjibhai Vs. State of Gujarat, AIR 1983 SC 753, Hon'ble Supreme Court held...
...in the case of Madan Gopal Kakkad vs. Naval Dubey and another reported in 1992...case of Madan Gopal Kakkad vs. Naval Dubey and another reported in 1992 J.L.J....
Learned counsel for the appellant also placed reliance on the decision rendered in the case of Gangaram Nanhoosingh vs. The crown reported in...
...himachal pradesh, (1991) 1 scc 286, madan gopal kakkad vs. Naval dubey and another, (1992) 3 scc 204 and veera ibrahim vs. State of maharashtra, air 1976 sc 1167.
(12) Excluding extra...given beating and threat, he took them and pointed out the dead body as also confessed about commission of unnatural offence with him and his murder. On this point see: kishore chand vs. State of...
...Ram reported in (2007) 7 SCC 224. By placing reliance on the judgment of Madan Gopal Kakkad vs. Naval Dubey and...house. The written FIR was submitted on 07.07.2016 by the sister of the victim on which investigation was started Crl. A. No.29/2018 State of Sikkim vs. Nandaram Chettri and the...of Sikkim vs. Nandaram Chettri 79 of the Evidence Act, 1872 cannot attract on the basis of documents so produced. The Court further referred the testimony of the victim...
...constitute rape (See. Madan Gopal Kakkad vs. Naval dubey (1992) 3 SCC 204).
(14.) ALTHOUGH, the medical expert...experience of a sexual assault, could not be examined by reading the admission in isolation. (Madan Lal vs. State of Jandk (1997) 7 scc 677 referred to). In this view of the matter...(Rameshwar vs. State of Rajasthan AIR 1952 SC 54 relied on). Furthermore, the following observations made by the Apex Court in respect of the mother...
...slightest penetration of penis into vagina without rupturing the hymen would constitute rape (See. Madan Gopal kakkad vs. Naval Dubey (1992) 3..., the veracity of testimony of a young girl of 8 years, who had no earlier experience of a sexual assault, could not be examined by reading the admission in isolation. (Madan Lal vs. State of...necessary to act upon evidence of the prosecutrix (Rameshwar vs. State of rajasthan AIR 1952 SC 54 relied on). Furthermore...
...Supreme Court :
1. In Madan Gopal Kakkad Vs. Naval Dubey (1992) 3 SCC 204, it has been held as under...Krishna Nagesh Vs. State of Andhra Pradesh (2013) 11 SCC 688, Hon'ble Supreme Court held as under.... State Of Himachal Pradesh vs Asha Ram, 2006 Cri.L.J. 139 was a case in which High Court of Himachal Prdesh has acquitted the accused Asha Ram on the gro...
...Madan Gopal Kakkad Vs. Naval Dubey and another, reported in (1992) 3 SCC 204 wherein, in paras 57 and 58,- the Hon'ble Court has held as under:-
...decision rendered by the Hon'ble Apex Court in the case of State of Chhattisgarh Vs. Derha, reported in (2004) 9 SCC 699 more particularly...
...) Madan Gopal Kakkad Vs Naval Dubey and Another reported in (1992) 3 SCC 204...the case of Marlinga @ Mariyappa Vs State of Karnataka1. He further...
1) Prakash Nishad @ Kewat Zinak Nishad Vs. State of Maharastra reported in AIR 2023...
...) Madan Gopal Kakkad vs. Naval Dubey and another2 iii) Rajak Mohammad vs. State of Himachal Pradesh3 iv) State of Karnataka vs. Narasimha4 v) Ram Vijay Singh ...larger bench of the Honble Supreme Court in para 34 of the Judgment in Madan Gopal Kakkads case referred to supra in this regard held as follows: 34. A medical witness...Section 376 IPC. 10. In support of his submissions, he relies upon the following judgments: i) Gulu Santra vs. State of West Bengal1 ii...
...Madan Gopal Kakkad Vs. Naval Dubey and Another, reported in (1992) 3 Supreme Court Cases, page 204 has held that...:
"14. The appellant State relied upon the case of Madan Gopal Kakkad v. Naval Dubey, wherein this Court has held that even the slightest penetration of penis into vagina without rupturi....... Appellant Vs.
The State of Maharashtra .... Respondent (Through : Sangli City Police Station) Mr. Satyavrut Joshi a/w Mr. Nitesh Mohite a/w Mr. Sunil Kamble for the Appellant...
...Madan Gopal Kakkad vs. Naval Dubey, (1992) 3 SCC 204.
This makes the Court carry out the exercise independently through the intellige...of deceased Mahadeo, Gopal Dalvi, Police Patil of village Pahurpurna and investigating officer, Dy.S.P. Bodakhe informing them that deceased Mahadeo was done to 1203apeal306.98-Judgment 3/17 death by...postmortem examination.
6) Learned A.P. P. for the State submits that evidence of P.W.-1 Narayan, P.W.-2 Gopal Dalvi and P.W.-3 Sahdeo when read together establishes all the relevant...
...Madan Gopal Kakkad vs. Naval Dubey and
3
Another : (19..., we may take the assistance of the observations of the Hon"ble Apex Court in Madan Gopal Kakkad's case (supra) that slightest penetration of the penis into the vagina...
------------------------------------------------------------------------------------------------
Single Bench: HON'BLE MRS. JUSTICE MEENAKSHI MADAN RAI...
...) Madan Gopal Kakkad vs. Naval Debey and another1
ii) Rajak Mohammad vs. State of Himachal...there is no basis for PW.8 to determine the age of PW.1.
17. The larger bench of the Hon'ble Supreme Court in para 34 of the Judgment in Madan Gopal... Pradesh2
iii) State of Madhya Pradesh vs. Anoop Singh3...
...(Madan Gopal Kakkad vs Naval Dubey and another), the Apex Court has held as follows:
"37. We feel that it would be quite appropriate,...said to be rape. He relied on a decision reported in 2004 Crl.L.J 1399 (1) (Aman Kumar and another vs State of Haryana...(Kailash Laxman Khamkar vs State of Maharashtra)
"12. In the light of the rival contentions, the only question that falls for determination is ...