
Medical Testimony Not Merely Corroborative But Independent Evidence, May Establish Facts Apart From Other Oral Evidence: J&K High Court
Live LawHighlighting 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.
History of this topic

Section 161 CrPC | Witness Statements Recorded During Probe Not Enough To Convict: Rajasthan HC Upholds 34-Yr-Old Murder Acquittal
Live Law
Testimony Of Witness Shouldn't Be Discarded Merely Because Of Relation With Victim : Supreme Court
Live Law
Testimony Of Witness Shouldn't Be Discarded Merely Because Of Relation With Victim : Supreme Court
Live Law
'Prosecutrix's Testimony Doesn't Inspire Confidence' : Supreme Court Affirms Acquittal In Rape Case
Live Law
Sole Witness's Testimony Can Form Basis Of Conviction And Sentence If It Is Wholly Reliable: Jharkhand High Court Reaffirms
Live Law
Oral Testimony Of General Witness About Nature Of Injury Sans Medical Evidence/ Expert Opinion Insufficient To Prove Homicidal Death: Patna HC
Live Law
"False In One, False In All" Doctrine Doesn't Apply In India: J&K High Court Partially Overturns Acquittal In 24-Yr-Old Assault Case
Live Law
Benefit Of Doubt Can't Be Given To Accused Citing Absence Of Injuries On Rape Victim's Body: Punjab & Haryana High Court Reiterates
Live Law
Quality of Evidence, Not Number of Witnesses, Determines Credibility in Jharkhand High Court Ruling
Live Law
Deficiency To Prove Safe Custody And Timely Submission Of Contraband Samples Can Render Prosecution's Version Doubtful: J&K High Court
Live Law
Testimony Of Injured Witness Can Be Relied Upon Unless There Are Major Contradictions: Rajasthan High Court
Live Law
Prosecutrix's Testimony Concerning Factum Of Occurrence & Persons Involved Ought To Be Scrutinized Before Basing Conviction On It: J&K High Court
Live Law
Absence Of Motive Becomes Less Significant When Prosecution Relies On Strong Eyewitness Account: J&K High Court
Live Law
Evidence Of Prosecution Witness Being Inconsistent With Medical Evidence Is Most Fundamental Defect In Prosecution's Case: Calcutta High Court
Live Law
Testimony Of Sole Eyewitness Who Is The Complainant Needs Examination With Great Caution : Supreme Court
Live Law
S. 304 IPC | Andhra Pradesh High Court Sets Aside Conviction Upon Finding 'Glaring Inconsistencies' Between Ocular And Medical Evidence
Live Law
Contradiction On Case's Crucial Aspects Totally Discredits Witness Statement, Makes It Unreliable: Jammu & Kashmir High Court
Live Law
Two years of Lakhimpur Kheri violence but justice eludes victims
New Indian Express
Evidence Of Injured Witness Has Greater Evidentiary Value, Their Statements Can’t Be Discarded Lightly: Supreme Court
Live Law
J&K&L High Court Orders Expeditious Trial In Nadimarg Kashmiri Pandit Massacre Case, Proceedings To Resume After A Decade
Live Law
Testimonies Of Related/Interested Witnesses Have To Be Scrutinized With Greater Care And Circumspection : Supreme Court
Live Law
S.106 Evidence Act | Husband Can't Be Asked To Explain Wife's Death In Their House Unless Prosecution Establishes Prima Facie Case: Bombay High Court
Live Law
Hearsay Statements Made Contemporaneously With Act Or Immediately Thereafter Admissible U/S 6 Evidence Act: MP High Court
Live Law
Testimony Of A Witness In A Criminal Trial Cannot Be Discarded Merely Because Of Minor Contradictions Or Omissions: Supreme Court
Live Law
Judges To Tread Cautiously In Circumstantial Evidence, Can't Allow Conjectures & Suspicion To Take Place Of Proof: Telangana High Court
Live Law
Witness Testimony Inconsistent With Medical Evidence : Supreme Court Alters Conviction For Murder
Live Law
Police Officials Interested In Result Of Case Projected By Them: Delhi High Court Recommends Corroboration Of Their Testimonies With Public Witness
Live Law
Related Witnesses' Testimony, If Found Truthful, Can Be The Basis Of Conviction: SC [Read Judgment
Live Law
Hathras Case: How Victim's Oral Evidence Demolishes Forensic Report?
Live Law!['Witness Not Expected To Have Photographic Memory, Variations In Facts/Improvements Natural In Depositions': P & H HC [Read Order]](/static/images/error.jpg)
'Witness Not Expected To Have Photographic Memory, Variations In Facts/Improvements Natural In Depositions': P & H HC [Read Order]
Live Law![Delhi HC Sets Aside Conviction In Murder Case Observing That Testimony Of Sole Eye Witness Wasn't Reliable [Read Judgment]](/static/images/error.jpg)
Delhi HC Sets Aside Conviction In Murder Case Observing That Testimony Of Sole Eye Witness Wasn't Reliable [Read Judgment]
Live Law![Examination Of Witnesses In The Absence Of Accused Is A Curable Irregularity: SC [Read Judgment]](/static/images/error.jpg)
Examination Of Witnesses In The Absence Of Accused Is A Curable Irregularity: SC [Read Judgment]
Live Law![‘Fact’ In Section 27 Of Evidence Act Not Limited To ‘Actual Physical Material Object’ And Includes ‘Mental Awareness Of The Accused As To Its Existence: SC [Read Judgment]](/static/images/error.jpg)
‘Fact’ In Section 27 Of Evidence Act Not Limited To ‘Actual Physical Material Object’ And Includes ‘Mental Awareness Of The Accused As To Its Existence: SC [Read Judgment]
Live Law![Eye Witnesses’ Evidence Can’t Be Doubted On The Ground That They Made No Attempts To Save The Deceased: SC [Read Judgment]](/static/images/error.jpg)
Eye Witnesses’ Evidence Can’t Be Doubted On The Ground That They Made No Attempts To Save The Deceased: SC [Read Judgment]
Live Law![Benefit Of Infirmities In Investigation Is To Be Given To Accused: SC [Read Judgment]](/static/images/error.jpg)
Benefit Of Infirmities In Investigation Is To Be Given To Accused: SC [Read Judgment]
Live Law![Courts Shall Not Surrender Own Judgment To ‘Expert’ Witnesses: SC [Read Judgment]](/static/images/error.jpg)
Courts Shall Not Surrender Own Judgment To ‘Expert’ Witnesses: SC [Read Judgment]
Live Law![Courts Shall Not Surrender Own Judgment To ‘Expert’ Witnesses: SC [Read Judgment]](/static/images/error.jpg)
Courts Shall Not Surrender Own Judgment To ‘Expert’ Witnesses: SC [Read Judgment]
Live Law![Delay In Recording Witnesses’ Statements Can Be Fatal For Prosecution Case: SC [Read Judgment]](/static/images/error.jpg)
Delay In Recording Witnesses’ Statements Can Be Fatal For Prosecution Case: SC [Read Judgment]
Live Law
SC soon will lay a law whether accused has right to recall witness or not- India TV News
India TV News![Eye-Witness lying on most material point renders testimony unreliable: Supreme Court[Read the Judgment]](/static/images/error.jpg)
Eye-Witness lying on most material point renders testimony unreliable: Supreme Court[Read the Judgment]
Live Law
Aarushi murder case: Court completes cross-examination of 4th witness
Firstpost
Sajjan can use victim's statements for his defence: HC
India TV News
SIT finds ‘new evidences' in Ishrat case
The Hindu
?Trial court was in a hurry to acquit Manu Sharma?
Hindustan TimesDiscover Related









































![[SC/ST Act] Victim Belonging SC/ST Community Not Sufficient To Attract Offence Without Intention To Humiliate Due To Caste Identity: P&H High Court](/static/images/error.jpg)





