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Assessment of medical evidence

Assessment of medical evidence legal meaning, translation and judicial precedents.

Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)

2020 YLRN 46 PESHAWAR-HIGH-COURT Judicial Precedent
S. 497Penal Code (XLV of 1860), Ss.496-A, 365, 376 & 342

Enticing or taking away or detaining with criminal intent a woman, kidnapping or abducting with intent secretly and wrongfully to confine a person, rape and wrongful confinement

Bail, grant of

Delayed FIR

Assessment of medical evidence

Scope

Complainant alleged that his daughter was enticed away by the accused for the purpose of committing zina with her as he had developed relations with her on mobile phone and had earlier demanded her hand but the same was refused

Held; matter was reported to the police with a delay of one day for which no plausible explanation was given by the complainant

Alleged abductee had recorded her statement wherein she had alleged that the accused had enticed and took her away towards the jungle and committed zina-bil-jabr with her for two nights and on third night she had managed to escape

Medical examination report of the alleged abductee transpired that no marks of violence on her body or on her private parts had been noticed and no opinion regarding commission of rape with the victim was given by the doctor

Prosecution story was, prima facie, not in line with the medical evidence

Petitioner had made out a case for grant of bail, which was allowed.

2013 YLR 156 KARACHI-HIGH-COURT-SINDH Judicial Precedent
Appreciation of evidenceAssessment of medical evidencePlace of injurySlight difference between ocular account and medical evidenceEffect

Slight difference of inches about the seat of injury could not be termed as conflict in medical and ocular evidence.

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Precedents & Case Laws citing "Assessment of medical evidence"

YLRN 2020
Criminal Miscellaneous Bail Application No. 337-D of 2019, decided on 22nd November, 2019.

2020 Y L R Note 46

MUHAMMAD SHAREEF — Petitioner Versus The STATE and another — Respondents

Court: Peshawar (D.I. Khan Bench)
PCRLJ 1986
Criminal Miscellaneous No. 381/B of 1986, decided on 2nd March, 1986.

1986 P Cr

MUHAMMAD RAFIQ MALIK‑‑Petitioner Versus SHER MUHAMMAD and others‑‑Respondents

Court: Lahore
YLR 2013
Criminal Bail Application No.S-361 of 2012, decided on 27th August, 2012.

2013 Y L R 156

AMEER BAKHSH alias KURARO — Applicant Versus THE STATE — Respondent

Court: Sindh
PCRLJN 2018
2017-June-23

2018 P Cr

MUHAMMAD BILAL and another — Applicants Versus The STATE — Respondent

Court: Sindh (Larkana Bench)
PLD 1997
Suit No.621 of 1993, decided on 4th June, 1997.

P L D 1997 Karachi 566

ABDUL QADIR‑‑‑ Plaintiff Versus S.K. ABBAS HUSSAIN and 2 others‑‑‑ Defendants

Court: Damages ‑‑‑Accident‑‑‑Plaintiff suffering mental torture and nervous shock‑‑‑ Entitlement to claim damages‑‑‑‑Damages for mental torture and nervous shock would depend upon evidence produced to prove nature, extent and magnitude of such suffering‑‑‑‑Fair compensation would be difficult to assess in such cases‑‑ Court would have discretion to determine on basis of evidence, fair sum to be awarded to affected person‑‑‑Conscience of Court must be satisfied that damages awarded would, if not completely, at least satisfactorily compensate aggrieved party‑‑‑Person who suffered mental torture and nqrvous shock was thus, entitled to recover damages.‑‑Damages.
MLD 2019
2017-May-4

2019 M L D 348

MIR GHULAM — Petitioner Versus The STATE — Respondent

Court: Gilgit-Baltistan Chief Court
SCMR 1981
Civil Petition No. 457 of 1976, decided on 8th March, 1980.

1981 S C M R 656

THE COMMISSIONER OF INCOME-TAX, LAHORE- Petitioner Versus MESSRS LUCKY STORES & ZUBAIR MEDICAL STORES,

Court: ---S. 11-Res judicata Principles of res judicata, held, applicable to cases before Income-tax authorities subject to certain limitations stated.-Res judicata.
PTD 2007
I.T.As. Nos.206/LB to 209/LB of 2004, 569/LB to 572/LB of 2004, decided on 18th November, 2006.

2007 P T D (Trib

N/A

Court: Income-tax Appellate Tribunal Pakistan
PLC 1990
Appeal No.RI‑11 of 1987, decided on 7th October, 1987.

1990 P L C 540

PUNJAB ROAD TRANSPORT CORPORATION Versus FAZAL HUSSAIN

Court: Labour Appellate Tribunal Punjab
PLC(CS) 1987
Appeal No. SUK‑45 of 1984, decided on 18th December, 1986.

1987 P L C 520

GENERAL MANAGER, ROHRI CEMENT WORKS, ROHRI Versus MUHAMMAD MOHSIN

Court: Labour Appellate Tribunal Sind