Evidence Act
Ganesh
(Querist) 03 August 2009
This query is : Resolved
Are there any guidelines set for considering a Medical report valid as evidence in a criminal Trial.
Is a report valid as evidence in criminal trial if the medical tests are done by some other person as no name is displayed on Medical Report of the person conducting Medical Test but signed as FOR in name of a regular Medical practioner.
Kiran Kumar
(Expert) 03 August 2009
there are no such guidelines framed of such type....as far as my knowledge is concerned.
Medical evidence is no doubt is of gr8 importance but can not be relied upon blindly....in criminal proceedings things are to be proved beyond reasonable doubt...with as much cogent evidence as avialable.
whether some medical evidence is admissible or reliable or not depends upon the facts and circumstances of the case, i dont think any parameter for admissibility of medical evidence can be fixed.
Advocate SK Rohilla New Delhi
(Expert) 03 August 2009
Dear Ganesh,
I agree with the views of Mr. Kiran. As such there is no such set of guideliness. Kindly remember that evidence of medical practitioner is a mere opinion and not evidence. Before the opinion of expert is relied upon, there must be cognent evidence on record. Opinion merely corraborate and are not independent evidence. Court can believe or discard in total. Discreation of court is paramount.
Casee in Hand: The report is not valid as no name appeared on Medical report and it is also signed in the name of other expert. Therefore, the person conducted medical examination is not expert but has signed on behalf of expert. Secondly who conducted is also a mystery. THEREFORE REPORT IS INVALID AND CANNOT BE RELIED UPON.
charudureja
(Expert) 03 August 2009
I agree with the above said views of Mr Kiran and Mr. Rohilla.
Medical evidence no doubt is given by an expert but still it is not beyond doubts and that why the doctor who gives the report or medically examines is called as witness to check the veracity of the report.
if report contains no name and has been signed by someone else then obviously it creates doubt in the mind asw to its truthfullness so it cant be reliesd upon
Khaleel Ahmed
(Expert) 03 August 2009
The person who has conducted the test must be corrobarated before the court to prove the report.
