Search court decisions

…The medical evidence adduced was a vaginal smear examination report by an unknown person which was altogether negative. This report was produced by a police constable.…

…Medical evidence, if sought to be adduced, ought to be so done with propriety and not in such slipshod manner. The doctor who examined the complainant should have been called to adduce proper evidence.…

…The court found that the medical evidence proved penetration, and that the same was by the appellant.…

…The appellant alleges that the medical evidence was imsy, yet he has not demonstrated how that was so. Both PW1 and himself were examined by PW2, within hours of the occurrence of the events.…

…On counts three and four, there was no medical evidence nor any observation of what happened to each complainant by the other to afford corroboration.…

…They all also said that they and the deceased were not armed and, what borne out by the medical evidence, that the deceased was shot in the back of the head not only negating any presumption that he had been shot in self…

…With respect to the lack of ballistic evidence connecting the shot alleged to have been fired by the appellant which caused the death of the deceased, there is the uncontroverted medical evidence that the deceased died of…

…On counts three and four, there was no medical evidence nor any observation of what happened to each complainant by the other to afford corroboration.…

…PW 1 then put in evidence further medical reports being exhibit pex 4 and 5, which confirmed the HIV status of PW 2. PW 2 told PW 1 that she has been having sex with her father over a period of time.…

…Then there is the medical evidence of Hillary Kiptoo (PW 1), who examined PW 2. According to him, he found upon her genital examination that her hymen was broken. He further found bruises on both labias.…

…The next day she was found by her mother to have been sexually interfered with as her mother thought, and this was confirmed by the medical evidence. Penetration of some sort was proved by the rupture of the hymen.…

…There was no direct medical or analytical evidence connecting the appellant with the defilement of the complainant.…

…The only medical evidence adduced was that of an Orthopaedic Surgeon who reported on the plaintiff on June 18th, 1986. Dr Khandwalla assessed the plaintiff’s age as 56 years and found a head and dental injury.…

…Medical evidence was that at his age, and with the kind of injury he sustained, a man is not suitable for a watchman’s job. His employer was prepared to continue to employ him.…

…The appellant was represented in the lower court and made no effort to call medical evidence.…

…That is obviously correct, but we would go further and point out, as Mr Mbuthia also pointed out to us, that even the medical evidence brought by the prosecution did not support their general theory that Tabitha died from…

…Turning to the challenge that the cause of death was not properly established and that the ingredients of the offence of murder were not present, after evaluating the medical evidence as reflected in the postmortem report…

…In a judgement which ran into twenty pages of typescript and which is difficult to fault, the learned Judge summarised the 1st respondent’s injuries and related the medical evidence and the prognosis of the 1st respondent…

…He was not prepared to question the medical evidence as to the extent and severity of the 1st respondent’s injuries nor the rather dismal prognosis made by the doctors.…

…Regarding the conclusion by the trial court that the complainant had some injury in her reproductive or urinary system, the learned Judge found that to be a factual conclusion by the trial court borne by medical evidence…

…First he said if the knife would penetrate the heart, as the medical evidence showed, the deceased would not have been capable of uttering the words attributed to him.…

…Some support for these claims is to be found in medical evidence.…

…As we have observed, he was not so meticulous regarding the necessity of calling medical evidence on all those trials within trials.…

…There may be cases where medical evidence may be misleading enough to enable one judge to grant such leave but when correct medical data may be brought forward by the defendant, the picture may drastically change.…