Judgment Image - Nallam Veera Stayanandam & Ors. v. The Public Prosecutor, High Court of Andhra Pradesh

15-02-2002 - Supreme Court of India

Nallam Veera Stayanandam & Ors. v. The Public Prosecutor, High Court of Andhra Pradesh

Evidence Act- Effect of Two Dying Declarations

In case of two dying declaration first indicating that deceased died of accidental burns while second indicating she died as she was unable to bear dowry demands and harassment meted out by acussed committed suicide by setting herself ablaze. Court relied on second DD and rejected first. It was held placing a reliance on the dying declaration recorded after adopting proper procedure and taking necessary precautions and which appears trustworthy.

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Judgment Image - MADAN GOPAL KAKKAD Vs. NAVAL DUBEY AND ANR

24-04-1992 - Supreme Court of India

MADAN GOPAL KAKKAD Vs. NAVAL DUBEY AND ANR

The medical officer should mention the negative facts in his report, but should not give his opinion that no rape had been committed. Rape is crime and not a medical condition. Rape is a legal term and not a diagnosis to be made by the medical officer treating the victim. The only statement that can be made by the medical officer is that there is evidence of recent sexual activity. Whether the rape has occurred or not is a legal conclusion, not a medical one.

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