Must a medical expert give evidence that is relevant, reliable, clear, honest and impartial, whichever side it supports?
Coram: Justice B.Pugalendhi
A medical expert must give evidence that is relevant, reliable, clear, honest and impartial, whichever side it supports.
Yes. A medical expert must give evidence that is relevant, reliable, clear, honest and impartial, whichever side it supports. The objective of medical evidence is to assist the Court in discovering the truth, and the expert is expected to state the truth irrespective of whether the evidence ultimately supports the prosecution or the defence, giving a definite opinion with reasons rather than sitting on the fence. (¶16, 17)
Protection of Children from Sexual Offences Act, 2012 — s.27 — Indian Evidence Act, 1872 — ss.45, 159 — Medical evidence — Expert witness — Wound Certificate — Suspension of sentence — Indian Evidence Act, 1872 — s.45 — Medical expert — Duty to depose objectively — Held: A medical expert occupies a position of trust and must give evidence that is relevant, reliable, clear, honest and impartial, whether it supports the prosecution or the defence. (¶16, 17) Indian Evidence Act, 1872 — s.159 — Refreshing memory — Verifying the deposition — Held further: A medical witness must peruse the records prepared by him before deposing, may refresh his memory from them, and must verify the deposition before signing it. (¶18, 20) Protection of Children from Sexual Offences Act, 2012 — s.27 — Wound Certificate — Nature of injuries to be recorded — Held further: A Wound Certificate that records no extent or nature of injury and no method of examination falls short of what is required. (¶21) Protection of Children from Sexual Offences Act, 2012 — Medico-legal proforma — Mandatory use directed — Held further: The revised Ministry proforma for medico-legal examination should be mandatory in sexual violence cases, form part of the Accident Register and be marked as an exhibit. Petitions dismissed with directions. (¶23, 25)
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