Medical Testimony Not Merely Corroborative But Independent Evidence, May Establish Facts Apart From Other Oral Evidence: J&K High Court
3 months, 2 weeks ago

Medical Testimony Not Merely Corroborative But Independent Evidence, May Establish Facts Apart From Other Oral Evidence: J&K High Court

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Highlighting the critical role of medical evidence in criminal trials, the Jammu and Kashmir and Ladakh High Court has observed, that the evidence of a medical witness is very crucial to corroborate the case of prosecution and it is not merely a check upon testimony of eyewitnesses as it is also independent testimony because it may establish certain facts, quite apart from the other oral evidence. While hearing a criminal conviction appeal and acquitting one Ravinder Singh of attempted murder Justice Vinod Chatterji Koul observed, “.The medical evidence adduced by the prosecution has great corroborative value as it proves that the injuries could have been caused in the manner alleged. Court's Observations: Adjudicating upon the matter Justice Koul began by reiterating the principle that appellate courts must thoroughly reassess evidence, particularly in cases involving convictions. This is for the reason that the mental distance between “may be‟ and “must be‟ is quite large, and divides vague conjectures from sure conclusions… The court must ensure that miscarriage of justice is avoided and if the facts and circumstances of a case so demand, then the benefit of doubt must be given to the accused keeping in mind that a reasonable doubt is not an imaginary, trivial or a merely probable doubt but a fair doubt that is based upon reason and common sense”, the court remarked.

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