International Journal of Applied Research
Vol. 1, Issue 9, Part O (2015)
Importance of Medical and scientific evidences in criminal cases: an Overviews
Tanya Singh, Pramod Kumar Singh
Medical evidences and scientific techniques are also used by investigating agencies to prove the guilt of the accused. The medical and scientific evidences can play a major role in identifying the accused and proving his guilt. These evidences are mainly corroborative pieces of evidences. The expression “evidence” means “oral or documentary or circumstantial proof of the allegations in issue between the parties in a legal proceeding”. “Medical evidence” means a proof given by medical expert, which is based on his scientific knowledge skill and personal experience. The opinion of a medical expert cannot outweigh the testimony of a respected and independent witness. But if there is a conflict between the two, then medical evidence is given preference. The testimony of eye witnesses, therefore, cannot be thrown out merely on the ground of its inconsistency with medical evidence because medical evidence is only of probative and corroborative. In case of inconsistency in medical and ocular evidence, the evidence of eye witness may not be believed by the court. When direct evidence is unsatisfactory and the evidence ofgunshot injury prima facie appears to be of rifle injury, then the evidence of ballistic expert can cure inconsistency. Conviction is sustainable if injury report not produced provided the evidence of reliable and probable witnesses are on the record showing that injuries were caused by the accused. Medical evidences are commonly required to support a charge of rape but it is seldom more than corroborative. Medical and scientific evidences play an important role in the approximation of criminal justice.
How to cite this article:
Tanya Singh, Pramod Kumar Singh. Importance of Medical and scientific evidences in criminal cases: an Overviews. International Journal of Applied Research. 2015; 1(9): 964-967.