Thursday, August 6, 2015
Landmark Observation of SC on Evidence Value of Radio-logical Examination in determination of Age
In the matters of Ramdeo Chauhan alias Raj Nath v. State of Assam, the Hon'ble Apex Court has made certain landmark observations in respect of evidence value of radi0-logical examination in determination of age of an victim, such that
"The statement of the doctor is no more than
an opinion, the court has to base its
conclusions upon all the facts and
circumstances disclosed on examining of the
physical features of the person whose age is
in question, in conjunction with such oral
testimony as may be available. An X-ray
ossification test may provide a surer basis
for determining the age of an individual than
the opinion of a medical expert but it can by
no means be so infallible and accurate a test
as to indicate the exact date of birth of the
person concerned. Too much of reliance
cannot be placed upon textbooks, on
medical jurisprudence and toxicology while
determining the age of an accused. In this
vast country with varied latitudes, heights,
environment, vegetation and nutrition, the
height and weight cannot be expected to be
uniform"
Subscribe to:
Post Comments (Atom)
Popular Posts on our Law Office Blogs
-
" If the land owners are not paid and compensated within two years after the declaration of the acquisition of the proposed land, the w...
-
While adjudicating **Pinakin Rawal v/s State of Gujarat CR.APPEAL NO.811/2004]****the Hon'ble Supreme Court has observed in its landmark...
-
Powered by www.kartikey.com ::::: A Law Office of India, pioneering the online concept of free legal aid and laws consultation through E-L...
-
While applying the ratio, laid down by the Hon. Supreme Court, in the case of Ashokbhai Jivraj @ Jivabhai Solanki v. Police Commissioner, Su...
-
A division bench of the Gujarat High Court, comprising Acting Chief Justice Bhaskar Bhattacharya and Justice J B Pardiwala, has observed las...
-
Why does there exist typical difference in respect of forum for trial of certain offences like those under sections 326, 409, 466, 467, 468,...
-
On the eve of Dipavali...it is a rising of a new dawn...with a hope of a happy and prosperous New year, We extend our cordial wishes to all ...
-
Recently, the Supreme Court of India has pronounced a landmark judgment, while adjudicating and dismissing writ petition lodged by Bar Coun...
-
While exercising Criminal Appellant Jurisdiction in the matters of CRIMINAL APPEAL NO.305 OF 2013,moved by appellants Mr. Surender Kaushik a...
-
Recently yesterday, the Hon'ble Apex Court of India has reconfirmed the Rules and Laws about the Admissions of a party while adjudicatin...
No comments:
Post a Comment