SURESHKUMAR.S (ADVOCATE) 22 October 2009

CRIMINAL TRIAL

Dear all,

In a criminal trial, treatment doctor was examined as a PW. During examination in chief and cross, he contradicts his 161 crpc statment in a vital aspect-(not turned hostile)-

But the certificate he already issued reflects with 161 crpc statement.

as per Evidence Act, he contradicts his very 161 crpc statment. But the certificate is marked as Prosecution Exhibit.

The question is" what is the effect or legal admissibilty of the certificate-Prosecution Exhibit? "

Is there any citations available ,plz kindly forward to share this

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(Guest)

Since the Certificate is proved by the Doctor it has been Exhibited. However as the Doctor has contradicted the Certificate at the trial what is the weightage to be given to it will be decided by the Judge in the facts and circumstance of the case. Certificate issued by the doctor is his previous statement and is not a substanative evidence. What he has stated in trial is substantative evidence.

SURESHKUMAR.S (ADVOCATE) 25 October 2009

Yes. thanks Mr.Menon. The author has not proved his own document - the medical certificate-being marked as Exhibit. It cannot be an admissible evidence. There is a old citation found. but recent citations, if anybody find plz.., share with me.