Section 307 cr.p.c.
M Satyanarayana
(Querist) 30 October 2013
This query is : Resolved
Sir,
There was attempt to murder on me by my sister's son and daughter. I am LW2 and victim in the case. When prosecutor shown the seized clothes with few blood marks with blood but prosecutor did not shown to the court the blood drenched shirt I was wearing on the day of attack. Doctor who examined me gave grievous injury. The only evidence that I can show there was grievous injury through blood drenched shirt which was altered by the prosecution. Under the circumstances can the accused get acquittal merely the victim has rejected his sparingly blood drenched different shirt which was not placed before the judge. Whether I am right in rejecting the shirt which does not belong to me on the day of attack.
Can the accused be punished or get acquittal merely on showing different shirt by the prosecution to the judge.
Please advise kindly.
Thanking you,
MSN
M.Sheik Mohammed Ali
(Expert) 30 October 2013
doctor certificate enough to prove grivous hurt, no need others.
where are you from ?
Raj Kumar Makkad
(Expert) 31 October 2013
Sustaining injuries cannot be denied after examination of doctor but next question is whether those injuries were conflicted by the accused persons or not and for establishing the guilt of the accused persons, the evidence beyond any reasonable doubt is required to be led.
The case property is a vital part of the evidence. Though the change of the shirt cannot become the sole ground to acquit the accused persons but still the same can definitely become a material in that respect.
Rajendra K Goyal
(Expert) 31 October 2013
Agree with the expert raj kumar makkad ji, nothing more to add.
