Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

Expert evidence is not always truthful witness

expert witness is not always truthful witness

 
It has become a common feature that as soon as report is lodged with the police that a minor girl has been kidnapped, the kidnapper in connivance with District Medical Officer or any other Government doctor procures certificate that the girl is major and armed with the said certificate, he approaches the Court seeking judicial intervention in the matter of investigation by the police. When the girl's father, mother or any other relative has made specific allegation in the first information report that she is minor, it is the statutory duty of the police to proceed with the investigation in the manner as provided in law. The Court should be slow to interfere in the functioning of the police except in an appropriate case where there is convincing and undisputed material to show that girl is major and prosecution has been launched with malajide intention.
Doctor is not always truthful. As has been well said, "It is safe as a general rule to assume that a professional expert witness is a partisan, willing and eager to serve the party who requests his service. Indeed all experts, whethar professional or non-professional, are very apt to zealously espouse the cause of the parry by whom they are called. There are to be sure exceptions to the general rule but they are not numerous enough to more than prove the rule. The witnesses now in worst repute are called expert witnesses that is, witnesses retained and paid to support by their evidence a certain view on a scientific or technical question. We have all heard the old jeer about the three kind of liars--white liars, black liars and expert witnesses." (Woodroffe and Amir Alis Evidence Act 14th Edition, page 1293).
https://www.lawweb.in/2012/08/expert-witness-is-not-always-truthful.html


Learning

 1 Replies

Advocate.S.A.Siddiq (Advocate)     09 August 2012

Good thinking


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register