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Non examination of medical evidence


05-Apr-2023 (In Criminal Law)
during the trial the medical evidence was dispense by APP and the accused was aquittal by trial court u/s 323,324, 506(2) ipc. Now the defacto complainant has filled revision by stating that medical evidence was non examine.is there any suprem court judgement in favour of accussed
Answers (2)

Answer #1
995 votes
There is a provision in criminal laws which enable that the defacto-complainant to file appeal against acquittal.There are so many judgements in favour of victims. Non examination of doctor will fatal to case of prosecution and finally leads to disciplinary proceedings against Inspector and concerned APP The Judgement of Supreme court in Crl.A.No:1315/2015 between Satyapal Singh Vs State of Madhyapradesh held that victim have right to appeal
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Advocate Saravana Kumar

Adv. Saravana Kumar

LawRato Coimbatore | 50+ Answers
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Answer #2
729 votes
It is upto Prosecution to adduce evidence as the prosecution will weigh only on the quality of evidence rather quantity of evidences, but there is no bar for you(defacto complainant) to escalate the same in revision for non examination of medical evidence, if you think non examination of the same will vitiate the trial.
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Advocate RS Raghavan

Adv. RS Raghavan

LawRatoChennai | 5+ Answers
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