Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rohtash Babu Patel (Lawyer)     06 February 2010

FSL Report when relevant

Q1: In a Trial for a offence under Section 304-B Indian Penal Code , The Court has exhibited the FSL report under Section 293 of Cr.P.C  which confirms the test of poision.  But witness of the Seizure of Vicera has been turned Hostile and has not supported the case of  Prosecution , whenter the conviction can be based on sole basis of FSL report ? please answer to the question



Learning

 3 Replies

Vijay Kumar (Advocate)     07 February 2010

FSL report has lost its sanctity as the prosecution will fail to prove that the viscera has been seized in accordance with the established procedure. It would not be able to prove that the viscera has not been tempered with.

N.K.Assumi (Advocate)     07 February 2010

The essential principle governing all expert evidence is that a Court is not to surrender its own judgment to that of experts or delegate its authority to a third part but should judge the vlue of the expert evidenvce as it does any other evidence and much depends on the nature of the facts and circumstances of the case. So far as the question of law is concerned, there is nothing in Evidence Act to require the evidence given by the expert in any particular case to be corborated before it could be acted upon as sufficient proof of what the expert stated.The C, Curt should satisfy itself of the vlue of the evidence of the expert in the same way as it must satisfy itself of the value of other evidence. But in your case the seizure of the vicera has turned hostile to the prosecution and in that circumstances the prosecution can with the permission of the Court Cross Examine him to extract the truth from his mouth, on top of that summon the doctor who has examined the vicera and to reveal his findings on the vicera. All the best.

ramprasad reddy. pottipati (Lawyer)     08 February 2010

Sir,

The trial courts generally will not convict the accused for the offences, and it needs some corroboration. Sec 304(B) is quite different section in IPC since the burden shifts to the accused and the prosecution can invoke Sec 113 (b) of Evidence Act, A conjoint reading of Sec 304 B and 113 b of evidence act initially the onus of proof will be on the prosecution. the prosecution has to satisfy initially all the important ingredients that are 1. That the marriage of the deceased and her husband shall be 7 yearsprior to the death. 2. the death shall be otherwise under suspicious circumstances 3. there must be demand of dowry. 4. The cruelty or harassment for in connection with demand of dowry 5. Soon before her death there there must be harassment or cruelty for demand of  dowry. The section otherwise called as dowry death. So the defence taken by u is most important.  So the prosecution has to satisfy all the aforesaid elements, then only the prosecution has to invoke under section 113 b of evidence act. The death of the deceased is either homicidal or suicidal when the prosecution is able to prove the above said ingredients the accused is held responsible 4 the offence punishable under section 304 B IPC.

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query