Law: Penal Code (XLV of 1860)

Section: 192,197

Penal Code (XLV of 1860)     Ss. 192 197 Fabrication of false evidence and issuance of false certificate by doctors Detenu, in the present case, in his statement made on oath before High Court complained of physical torture at the hands of police and he was directed by the High Court to be medically examined by the Deputy Medico legal Surgeon Medical Officer in the office of the Medico¬legal Surgeon examined the detenu and his medical report was duly verified by the Deputy Surgeon Medico legal, according to which no recent mark of physical violence was seen on the body of the detenu at the time of his examination Detenu was, then, got medically examined by the High Court by the Medical Board constituted by Medical Superintendent of the Hospital which found many injuries on the person of the detenu High Court in view of the conflicting medical reports and to resolve the controversy directed the detenu to be again examined by the Medical Board to be constituted by the Additional Secretary Health, Government of the Province of the Doctors of known integrity and skill in their profession, which also depicted injurig on the person of the detenu Charge was consequently framed against the .Doctors to which they pleaded not guilty and they were tried accordingly ¬Defence plea that the injuries on the person of the detenu had been fabricated after his examination by the accused was negated by the duration of the injuries given by the First Medical Board which corresponded with the time of physical violence alleged by the detenu Medical examination of the detenu had been conducted only by the two Doctors, that is, a Medical Officer and the other Deputy Surgeon Medico legal, in deviation from the standing instructions issued by the Health Department which was not understandable Injuries on the person of the detenu, thus, were present, but the accused Doctors had tried to deceive the Court by fabricating a false certificate and committed the offences under Ss.192 197, P.P.C. punishable under S.193, P.P.C. Accused (Doctors) who belonged to a noble profession had committed most heinous, unsocial and immoral offence which was not ,expected of them and they…

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