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Benefit of probation & non production of doctor ( who is prosecution witness)

(Querist) 25 June 2012 This query is : Resolved 
Hi Experts, How r u?
facts of my case - Iam an advocate, My clients are accused persons & facing trial u/s 324 IPC for more than eight years. And earlier advocate has taken cross of eight witnesses including panch, original complainant, IO, other prosecution witnesses. Now before few months i have filed Vakalatnama. Prosecution has failed to produce its witness who is doctor,who examined original complainant and issued injury certificate. After my efforts court is convinced & closed evidence of prosecution.Both clients are age old persons & above 65 years of age.Cross taken by earlier advocate was good. But original complainant & one witness are stick up.Recovery punch turned hostile. Now case on statement u/s 313 Crpc. So this is situation of case.
So my queries are
1)whether court can give conviction when prosecution has failed to produce the doctor who issued injury certificate or when there in no corroboration of doctor to version of prosecution?
2) whether accused can have benefit of absence of doctor, who is prosecution witness.
3)Is there any landmark case law on this point?
4) If court is thinks not to acquit accused,then whether accused persons can have benefit of probation. Both accused are not habitual offenders, moreover they are poor farmers & age old persons.
5) plz provide case law on probation point also.


kumar sachin (Expert) 17 September 2012
since other witnesses have supported the case
absence of doctor is not going to help you too much
you may have some benefit but not much

yes since the accused is an old age person and not habitual offender the court may give him benefit of probation of offenders.

i shall be referring you the case law very soon



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