Supreme Court of India · 1978-09-12
S. P. KOHLI, CIVIL SURGEON, FEROZEPUR vs HIGH COURT OF PUNJAB & HARYANA
- Citation / case number
- SC 1977/61657
- Court
- Supreme Court of India
- Petitioner
- S. P. KOHLI, CIVIL SURGEON, FEROZEPUR
- Respondent
- HIGH COURT OF PUNJAB & HARYANA
- Author
- JASWANT SINGH
- Bench
- JASWANT SINGH
Judgment text excerpt
The Supreme Court addressed the procedural requirements for issuing process against an accused under Sections 302 and 376 IPC, emphasizing that the courts must ascertain whether there is prima facie evidence supporting the allegations made by the complainant. The Court held that the failure of the appellant and other doctors to properly examine the accused's injuries constituted a false statement intended to shield guilt, leading to the prosecution of the appellant under Section 193 IPC. The appeal was allowed, reinforcing the necessity of thorough medical examination in sexual assault cases.