Case BriefsHigh Courts

Tripura High Court: A Single Judge Bench comprising of Ajay Rastogi, CJ, dismissed a revision petition filed against the order of the trial Judge whereby he refused the application filed by the petitioner-plaintiff for seeking expert opinion to prove medical negligence against the respondent-defendant.

A case was filed by the plaintiff against the defendants (doctors) alleging medical negligence against them. The defendants filed written statements and thereafter, an application was moved by the plaintiff for referring the matter for expert opinion from the doctors of AIIMS or Christian Medical College, Vellore. The trial Judge, without allowing the said application, directed the matter to be listed for cross-examination. The plaintiff filed the instant revision against Order of the trial Judge. The High Court observed that the plaintiff moved the said application on the ground that the experts belonged to the same fraternity as that of the defendant doctors and therefore nobody would come forward against them; thus direction was sought from the Court to summon for expert opinion. The Court held that the plaintiff drew her own impression that no expert would opine on the matter. Her suspicion was without any foundation. The Court held that the defendants, who were professionals, were discharging legal duty to the public and no inference could be perceived by the Court on basis of plaintiff’s mere perception. Accordingly, the instant petition was dismissed. [Prabati Das v. State of Tripura, 2018 SCC OnLine Tri 60, order dated 3-5-2018]

Case BriefsSupreme Court

Supreme Court: Stating the importance of medical evidence, especially in a murder trial, the Bench of P.C. Ghose and R.F. Nariman, JJ said that where the medical evidence is such that it does not give any clear opinion with respect to the injuries inflicted on the body of victim or deceased, as the case may be, the possibilities that the injuries might have been caused by the accused are also ruled out. Such medical evidence is also very important in assessing the testimony of eye-witnesses and in determining whether the testimony of eye-witnesses can be safely accepted.

In the present case, the accused had killed his close relative in a field allegedly over a land dispute, the High Court of Bombay had acquitted the accused as the prosecution had failed to prove the guilt of the accused beyond reasonable doubt. Upholding the decision of the High Court, the Court said that apart from contradictory testimonies of the witnesses, non-examination of the material witness on whose field the crime was committed, unexplained 6 days delay in lodging FIR; no opinion given by doctor in the post-mortem report or his deposition about the cause of death raise substantial doubt in the prosecution story. The Court said that the unfortunate man succumbed to injuries but the substantial doubts, mentioned above, confer a right upon the accused-respondents to be held not guilty.

Emphasising upon the importance of expert opinion, the Court said that expert’s opinion should be demonstrative and should be supported by convincing reasons. Court cannot be expected to surrender its own judgment and delegate its authority to a third person, however great. If the report of an expert is slipshod, inadequate or cryptic and information on similarities or dissimilarities is not available in the report of an expert then his opinion is of no value. Such opinions are often of no use to the court and often lead to the breaking of very important links of prosecution evidence which are led for the purpose of prosecution. [Machindra v. Sajjan Galpha Rankhamb, 2017 SCC OnLine SC 443, decided on 19.04.2017]