Law: Criminal Procedure Code (V of 1898)

Section: 22-A,154

Criminal Procedure Code (V of 1898)---Ss. 22-A 154---Justice of Peace, powers of--- Information in cognizable cases---Scope---Petitioner assailed the dismissal of his application under S. 22-A, Cr.P.C.---Justice of Peace dismissed the application of the petitioner on the ground that in the Medico-Legal Certificate, the Medical Examiner had mentioned that there was a possibility of fabrication of injury, however, no reason in support of such opinion were furnished by him---Validity---Opinion of a medical examiner was not only relevant but also most pivotal in criminal justice system and at times it played a decisive role coupled with other evidence---Guarantee of fair trial under Art. 10-A of the Constitution was a wishful expectation without a medico legal system comprising of true experts having adequate qualification and skills---Practice which prevailed among the Medical Examiners was to tick on or circle around YES or No without furnishing any cogent reasons for rendering such opinion---Rendering such opinion without offering convincing reasons/justification was not in accordance with the settled norms of justice---No probative and evidentiary value could be attached to an opinion rendered by the Medical Examiner without furnishing cogent reasons in support of his opinion---Medical Examiners were under a bounden duty to furnish reasons in support of their opinion in order to make it having evidentiary sanctity in court of law---Opinion of an expert should be buttressed by the reasons or it would lose its sanctity---Proposed amended specimen of Medico Legal Certificate (MLC) had also been placed on the record with a space for furnishing reasons in support of opinion rendered by the Medical Examiners---Said facts were not only alarming but also resulting in miscarriage of justice in hundreds of cases every day---High Court observed that both Primary and Secondary Health Care and Specialized Healthcare and Medical Education Departments would ensure that Medical Examiners should meet the minimum qualification threshold and no unqualified and inexperienced doctor would be posted to perform such crucial and sensitive job---Minimum qualification threshold should…

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