Must a medical witness verify the deposition before signing it and peruse the records he prepared before deposing?
Coram: Justice B.Pugalendhi
A medical witness must verify the deposition before signing it and must peruse the records he prepared before deposing.
Yes. A medical witness must verify the deposition before signing it and must peruse the records he prepared before deposing. Before attending Court the medical witness must go through the medico-legal reports prepared by him, and has a right under Section 159 of the Indian Evidence Act to refresh his memory from them during examination. (¶18)
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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