Orissa HC asks man for potency test to disprove impotency charge
The Orissa High Court has directed a man to undergo a potency test whose spouse is seeking divorce on the ground of his alleged impotency.
A man who furnished false medical documents to get bail for his jailed relative was remanded to judicial custody with the Orissa High Court expressing deep concern over the production of fabricated documents in judicial proceedings.
“It has become increasingly a tendency on the part of the parties either to produce fabricated evidence as a part of the pleadings or record or to fabricate the Court record itself for retarding or obstructing the course of justice or judicial proceedings to gain unfair advantage in the judicial process,” Justice SK Sahoo observed in the order pronounced on Wednesday.
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The due processes of law is blinkered by act or conduct of the parties to the litigation or witnesses or generate tendency to impede or undermine the free flow of the unsullied stream of justice by blatantly resorting, with impunity, to fabricate Court proceedings to thwart fair adjudication of dispute and its resultant end, Justice Sahoo stated in the order.
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Law is well settled that anyone who takes recourse to fraud deflects the course of judicial proceedings; or if anything is done with oblique motive, the same interferes with the administration of justice. Such persons are required to be properly dealt with, not only to punish them for the wrong done, but also to deter others from indulging in similar acts which shake the faith of people in the system of administration of justice, the High Court stated in the order while remanding the accused Tapan Kumar Sahoo to judicial custody.
The accused had produced a forged medical report purportedly issued by the Cardiology Department of SCB Medical College and Hospital, Cuttack. Dr SN Routray, Head of the Department of Cardiology, later certified it to be a forged document.
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