326/324/ 504 etc
arunkumark
(Querist) 28 October 2012
This query is : Resolved
The state case filed 324/326/504 etc in 2001 which has come for hearing now.The IO has not submitted the medical certificate of complainant,s relatives at the time of filing a chargesheet.now after 10 yrs jmfc court has directed the IO TO search and submit the medical cerificate.what value these certificate have and whether they are admissable after a gap of 10 years.why the certificates were not submitted with the chargesheet.Experts please reply
Kiran Kumar
(Expert) 28 October 2012
its a relevant evidence, the court may ask for it.
Adv.R.P.Chugh
(Expert) 28 October 2012
1. Without a medical a 324/326/504 stands for nothing.
2. If at the fag end end of the case, the judge asks the IO to get the Medicals, that amounts to filling in the lacunae of prosecution case.
3. Since the matter is on trial - is the doctor one of the prosecution witnesses ?
Please consult a local criminal lawyer to go into the nitty gritties of the matter.
Bharat Chugh
Advocate Supreme Court of India
Raj Kumar Makkad
(Expert) 29 October 2012
The trial magistrate can direct the IO at any stage of the trial to re-investigate the matter under the provisions of section 173 (8) of Criminal Procedure Code which even includes filing of any additional document/fact related to the matter in dispute hence such medical evidence which is vital for the case can be directed to be produced, however, the same is a lacuena for filling the gap of the story of the prosecution.
