Querist :
Anonymous
(Querist) 20 March 2011
This query is : Resolved
R/ Sir In case of accident injured party approached private medical practitioner who issued certificate that injured got his leg fractured. But original certificate is not filed with charge sheet only xerox copy is filed. Thereafter prosecution called the concerned doctor as witness and doctor proved contents of certificate. The magistrate then assigns exhibit mark.Can exhibit mark be assigned to xerox copy.
Kirti Kar Tripathi
(Expert) 20 March 2011
In the present case, the Xerox copy of the medical certificate can not be marked as exhibit but during the course of deposition, the investigating officer can deposed the fact that the said medical certifiable was collected as material and the doctor can deposed the contents of certificate and also the fact that the same was issued by him.
Guest
(Expert) 20 March 2011
the person who endorsed and signed on that report appears and the witness box and than asked for that report and then it is asked that such report was made by him than only it is marked as exhibit and the original must be there in the hand of the witness in the court.
prashant pundhir
(Expert) 20 March 2011
It does not matter that there is xerox copy with chargesheet or original .If the doctor proved that medical certificate,then magistrate must assigned exhibit no.The full language is that "The witness certified the document and the same is assigned exhibit no....".
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