p. k. mittal saying that numberspecial opinion by him was necessary and that he dr.
the doctors also observed the whole of the glans penis and companyona of the accused companyered with a thick layer of yellowish material which smelt like smegma.
p. k. mittal did number tell him on telephone on the 15th march 1973 that dr.
during the arguments before the high companyrt companynsel appearing for the accused vehemently companytended that the appellant had failed to examine the glans penis of the accused regarding the presence or otherwise of smegma and also if both the doctors failed to examine the glans penis of the accused with a view to find out whether there were any injuries thereon or number the accused was entitled to the benefit of doubt.
1/5 since i have numberexperience of companyducting the examination of males in rape cases i am number familiar either with the appearance or the smell of smegma.
while disposing criminal appeal number 911/74 and m. ref.
accordingly at about 5.50 p.m. on the 15th of march 1973 the police produced the accused before dr.
i had referred the case to your goodself for final opinion as the lady doctor refused to give any opinion on the plea that she was number familiar with the appearance and smell of smegma and as for govt.
p. k. mittal medical officer nehru municipal hospital abohar and requested him to opine as to 1 the nature of injuries on the person of the accused 2 the accuseds potency to perform the sexual intercourse and 3 whether the accused had performed sexual intercourse during the last 24 48 hours.
mrs.l.k.
on receipt of the aforesaid companymunication from the appellant dr.
today again lady doctor is on leave and i am alone in the hospital but still i am doing the needful under your instructions and to avoid any delay on my part.
to dr.
numberice to dr.
sd s. p. kohli detail attached chief medical officer 3 three only.
ferozepur of sh.
1/1 after the issue of numberice to him.
instructions where two doctors are unable to agree on one point the case is to be referred to chief medical officer of the distt.
the words used by the appellant in answer to the question put to him by the high companyrt taken as a whole make it manifest that what the appellant meant to convey was that the accused was never physically produced before him.
accordingly there was hardly any occasion for dr.
the fact that there was no disagreement between the two doctors is further borne out from the absence of the words i agree purporting to have been added by dr.
arrival reported back 40 18 3 19 p.m. after enquiry done by sdm ferozepur.
even on that day it was only at six in the evening that the police companyld companytact the appellant as he was stated to be away on an official errand.
in each arch there are separate specs of reddish violet bruises suggestive of teeth marks.
police station abohar city on 15 3 73 at 6.00 p.m. to do the needful.
matter number 1 though it cannumber be gainsaid that the appellant was number quite accurate in stating before the high court that the case of the accused was number referred to him it cannumber be said that he intentionally or deliberately made a false statement in that behalf with a view to shield his own guilt or to help the accused as observed by the high companyrt.
mittal might send without any further delay the scrapping of the yellowish material mentioned by him from the genitals to the chemical examiner punjab for opinion.
it seems that the attention of the learned judges of the high companyrt was number drawn to the above quoted passage for if it had been so they would have been spared of trouble of dwelling on the matter relating to examination of smegma after two or three days of the occurrence.
appeal by special leave from the judgment and order dated 29 9 75 of the punjab and haryana high companyrt in criminal misc.
further delay in the case must be avoided.
numbere of them had any mark of injury on their genitals or anywhere else on their bodies.
s. p. kohli chief medical officer ferozepur.
p. k. mittal and dr.
the accused shri bhajan lal was presented to me on 18 3 1973 at 9.50 am and i have done the needful as per instructions given by you.
the first two had smegma on the glans penis companyered by the foreskin this proved that they companyld number have had sexual intercourse at least during the last twenty four hours.
darshan singh was number with him at the aforesaid time of his interview with the appellant.
urmila sirur for the appellant.
we are fortified in this view by the material on the record which unmistakably reveals that the police never caused the appearance of the accused before the appellant at ferozepur.
your goodself verified the same on phone from the lady doctor.
p. k. mittal pcms ii medical officer incharge nehru memorial hospital abohar.
the companymunication addressed by the appellant to dr.
1/1 in face of the aforesaid companymunication number 426 dated the 15th march 1973 which was jointly addressed to the appellant by dr.
milkhi ram.
l. k. grewal to make any addition in exhibit c.w.
instructions in force at the relevant time the medico legal cases were to be examined by two doctors dr.
they therefore summoned the appellant as a companyrt witness and recorded his statement.
in the said letter there is number the slightest indication of any disagreement or companyflict of opinion between dr.
criminal.he was immediately arrested and sent to modi for medical examination.
in their aforesaid forwarding letter the doctors stated that they had number at all disturbed the layer of sample and had tried to take numbersample so that the chief medical officer would examine the case in its original companydition and order the sample of smegma to be taken and sent for chemical examination if he felt like doing so.
grewal to give her opinion regarding the presence or absence of smegma on the glans penis of the accused on the 15th march 1973 when the aforesaid letter of the even date was written by her to the appellant jointly with dr.
the judgment of the companyrt was delivered by jaswant singh j. this appeal by special leave is directed against an order dated the 29th september 1975 of the punjab and haryana high companyrt at chandigarh directing prosecution of the appellant for an offence under section 193 of the indian penal companye and asking the registrar of the court to lodge a companyplaint in respect of the aforesaid offence in the companyrt of companypetent jurisdiction.
there was in our opinion absolutely numberreason for the appellant to feel apprehensive so as to impel him to pressurise dr.
the police was number however able to take the accused to ferozepur before the morning of the 17th of march 1973.
as already shown there was numberquestion of inability on the part of dr.
as according to the govt.
number nl special 1 dated 17 3 73 subject medical legal examination of bhajan lal accused in rape and murder case.
on the 23rd february 1923 a man complained at the police station that one dhani had companymitted rape on his daughter.
criminal appellate jurisdiction criminal appeal number 3 of 1977.
to the chief medical officer ferozepur number 6 dated 18 3 73 subject medical examination of bhajan lal accused.
p. k. mittal.
the men were released.
l. k. grewal.
we shall deal seriatim with each one of the aforesaid portions of the appellants statement which in the opinion of the high companyrt are the offending portions.
you may send the scrapping of the yellowish material from the genitals mentioned by you to the chemical examiner punjab for opinion.
k. grewal to give any opinion about smegma cropped up subsequently when there was number the slightest whisper about it either in the aforesaid letter dated the 15th march 1973 jointly addressed by the said two doctors to the appellant or in exhibits c.w.
in his affidavit dated the 27th august 1975 harjit singh head companystable has categorically stated that it was he who along with milkhi ram and bahadur singh constables took the accused on the morning of the 17th march 1973 from abohar to ferozepur as he had been referred to the appellant by dr.
later on however on the statement of the father of the deceased girl a case was registered against the accused and he was taken into custody at 1.00 p.m. on the 15th march 1973.
he found a uniform layer of smegma covering the glands penis gave an opinion that he could number have had sexual intercourse during the last twenty four hours.
numberice is hereby given to you that the case will be laid before this companyrt on 4 7 1975 actual date .
p. k. mittal that at the time of his meeting the appellant the accused was in the custody of the aforesaid two companystables in the companypound and he did number take him inside the office of the appellant and the s.h.o.
darshan sing si departure of 3at6 20 a.m. pro s. 17 3 1973 ceeded to feroze pur with a lorry vr.
k. mittal in his above quoted letter dated the 18th march 1973.
the girl was also examined and found to have been used to sexual intercourse at inasmuch as her hymen had old lacerations.
for final opinion.
1/1 and c.w.
s. p. kohli civil surgeon ferozepur.
they were arrested and sent immediately to modi for examination.
justice r. n. mittal in criminal appeal number 911 of 1974/m. ref.
on this argument being raised the learned judges companystituting the division bench felt that it was necessary in the interest of justice to examine the appellant who was working as civil surgeon ferozepur as in their view the presence or absence of smegma on the glans penis of the accused was quite vital from the view point of the defence as well as from that of the prosecution.
the chemical examiner punjab as well as the professor of pathology medical companylege patiala whose opinion was sought by dr.
p. k. mittal and dr.
p. k. mittal to tell the appellant on telephone on the 15th march 1973 that dr.
petition number 1755 m of 1975.
l. k. grewal on telephone as suggested by dr.
l. k. grewal in exhibit c.w.
p. mittal examined the accused in the presence of dr.
to start with the police did number effect the arrest of the accused who from the evidence recorded in the case appeared to be a big landlord.
on examination of the private parts of the accused the doctors found that he was potent and capable of performing sexual intercourse.
p. k. mittal expressed their inability to carry out any test for smegma as they had numberarrangement for the same.
the statement of harjit singh head companystable is fully companyroborated by the following entries in the roznamcha of the police station city abohar sh.
l. k. grewal had shown her inability to give her opinion regarding the presence of the smegma on the glans penis of the accused.
regarding point number 3 numberspecial opinion by the under signed is necessary.
report per return after companypliance of order.
she had numbermark of injury to her private parts or to any other part of her body.
l. k. grewal or of refusal on the part of dr.
l. k. grewal had shown her inability to give her opinion regarding the presence of smegma on the glans penis of the accused or for the appellant to verify the matter from dr.
you are hereby directed to take the necessary steps to show cause in person or through companynsel as to why proceedings under section 193 i.p.c.
i did number remember any instructions for taking the smear through the sho police and neither your goodself remember the same on your visit to this hospital on 16 3 1973 and 17 3 1973 in companynection with the same case.
mittal carried out the instructions companytained therein but number with out a certain amount of resentment as appears from the letter exh.
reference your letter number 426 dated 15 3 73 on the subject numbered above.
matter number 3 the observations made and the conclusions arrived at by the high companyrt in regard to this matter are also number warranted by the material on the record.
sd k. mittal 18 3 1973.
he has further affirmed that on reaching ferozepur at about 10.00 a.m. he learnt that the appellant was away on tour that he waited for the appellant and it was on his return from tour that he met him in his office at 6.00 p.m. with the aforesaid letter of reference given to him by dr.
hardev singh and r. s. sodhi for the respondent.
k. mittal ran as under from dr.
you have already been telephonically instructed through the s.h.o.
dear sir reference your number ml spl /1973 dated 17 3 1973.
they therefore advised a thorough chemical and microscopic examination of the yellowish material to find out if it was a layer of smegma or number to enable them to answer the third query made by the police and vide their letter number 426 dated the 15th march 1973 referred the accused to the appellant who was posted as chief medical officer ferozepur.
the full case of the accused is returned herewith.
received companyy sd seen at 6.00 p.m. c. number 1121 sd s. p. kohli dated 17 3 73 17 3 73.
the man was released.
number 126268 60 for enquiry by sdm ferozepur.
city abohar proceeded at 7.30 a.m. for medical examination by c.m.o.
harjit singh arrival depar 17 3 73 c. city abohar ture accused c. himself c. bahadur singh 589 milkhi ram 378 from p.s.
by order of the high companyrt sd deputy supdt.
the murder reference and the appeal preferred by the accused against his companyvictions and sentences were heard by a division bench of the high companyrt.
1/2 as also from the absence of the following words in exhibits w. 1/2 and c.w.1/1 which are companyies of exhibit c.w.
in view of the foregoing it is number understandable how the question of disagreement between dr.
during the companyrse of the said examination.
number 46 of 1974 the above proceedings have been taken up by this companyrt on its own motion against you for making a false statement in this companyrt.
on the aforesaid docket and the companynected papers being put up before him the appellant wrote back to dr.
l. k. grewal to make the endorsement i agree on the companyy of the medico legal report exhibit w.1/1 and 3 that dr.
k. grewal who was also attached to his hospital and found the following injuries on his person circular bruise 2 1/2 cm in diameter present on the back of right arm 3 cm lateral to the axillary fold and 14 cm below the top of right shoulder joint the circle being of upper lower arches with healthy central area.
number 46 of 1974.
l. k. grewal.
p. k. mittal.
shall number be initiated against you given under my hand and the seal of the companyrt this 16th day of may 1975.
sd l. k. grewal 15 3 1973.
this is for your information please.
at the conclusion of the examination of the appellant the learned judges companystituting the bench felt that the appellant had intentionally made a false statement with a view to shield his own guilt and to help the accused.
p. k. mittal and dr.
they accordingly ordered the prosecution of the appellant under section 193 of the indian penal companye as stated above.
l. kohli and mrs.
the circumstances giving rise to this appeal are on the basis of recovery of the dead body of a minumber girl of fourteen or fifteen years of age named kaushalaya devi from the residential house of one bhajan lal aged 35 years resident of abohar hereinafter referred to as the accused on the night between the 14th and 15th of march 1973 when his wife and children were away the accused was tried for the murder and rape of the said girl.
the additional sessions judge ferozepur who tried the accused sentenced him to death under section 302 of the indian penal companye for the murder of kaushalaya devi subject to companyfirmation by the high companyrt and to imprisonment for life under section 376 of the indian penal companye for committing rape on her but acquitted the other four persons who stood their trial jointly with the accused.
ferozepur.
