I am helping my cousin and he is new to law. Please provide inputs.
My cousin has been charged 498a and 420 in FIR stating that wife is not s*xually satisfied and impotent.
After marriage my cousin and his wife went to private hospital where reports came
1) Testostorene Hormone little bit less - Doctor told over period it can go up. No report given that he is impotent.
2) Thyroid - No issues
3) Ultra scan - No issues
4) Siemen count - 80 millions Above normal and told he can become father.
Wife told police that hormone is less and hence he is not fit for marriage and he is impotent. She submitted xerox of reports in PS.
However in PS, they took the opinion of Govt doctor and showed reports to him and he told that sperm and scan shows normal range and can do s*xual act and gave opinion that my cousin is Potent by looking at reports that wife submitted.
section 420 has been removed and same thing mentioned in chargesheet.
Trial yet to start in 498a.
Now she filed DVC and it is cut and paste of FIR.
In DVC, does judge consider 498a chargesheet where govt doctor gave opinion of potent or will my cousin again go for potency test in DVC also?
Please provide inputs.