MEDICAL EXAMINATION AND ITS EVIDENTIARY VALUE IN TRIALS - Sandra Lisa Philip

Abstract

During the course of a criminal trial, medical evidence plays a critical role as corroborative evidence, which is frequently used by the prosecution to prove the defendant’s guilt. These evidences are employed in circumstances where there is bodily harm, and because they are corroborative in nature, they complement or detract from the witness(es) testimony, as the case may be. Section 45 of the Indian Evidence Act provides for medical experts to opine on a case with the expertise they have on the field and the knowledge they have acquired through medical examination with respect to the case. The basic purpose of criminal defense is to raise equitable suspicion. In any case with medical evidences, the criminal defense attorney must figure out how to use it to raise equitable suspicion. Unlike law, where practically everything can be debated or interpreted, science is more black-and-white, in the sense that a lab test, for example, is difficult to call erroneous. The Indian laws however, do not validate their significance as much as they do the testimonies, unless there is a clear discrepancy between the two, in which case, the opinion of the medical expert will be taken into consideration. As a result, medical evidence is recognized in Indian law, even if it is corroborative. The medical outlook, however, does not confirm or refute the prosecution case; rather, it serves as a guideline. The author’s goal in this study article is to address medical evidence in comparison with various other kinds of evidence, and their admissibility and evidentiary value in trials. 1 Volume 2 – Issue 1 ISSN: 2582-9947 LITERATURE REVIEW – 1. M.L. Slnghal's “Medical Evidence and Its Use in Case Cases”1 discusses how medical evidence and opinions are used in criminal trials to prove the legitimacy of the allegations made and how their evidentiary value varies from case to case, using jurisprudence. The author has cited numerous case laws to demonstrate how the importance of medical examination in trials has evolved through time. Despite the fact that the article uses various case laws to support its claims, they are mainly based on jurisprudence and the evolution of evidence rather than its current application in the judiciary. 2. “Role of Medical Evidence in India - A Critical Study”2 by Jaro Jasmine talks about the use of medical and forensic evidences in trials with the backing of several precedents. It also highlights their varied types and discusses their evolution and individuality from other evidences with illustrations. However, the author has focused more on the importance of these evidences in cases where only women are victims and with specific references to the Evidence Act than on their application in criminal trials. 3. Aparajitha Rajagopalan and Roja. K’s “A Critical Analysis of Admissibility of Medical Evidence”3 examines a wide range of precedents and medical evidences’ relevance in order to determine how dependable they can be when used as definitive