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september 1978

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.

S. P. KOHLI, CIVIL SURGEON, FEROZEPUR vs HIGH COURT OF PUNJAB & HARYANA · Niyam