MADURAI: The Madurai Bench of the Madras High Court on Wednesday directed the State Health Secretary and Director of Medical Education to issue a comprehensive circular or guidelines to all government health care institutions regarding the duties and responsibilities of medical professionals while acting as expert witnesses before the court.
Justice B Pugalendhi issued the direction while dismissing the petitions filed by Nambu Kaleeswaran and Selvaraj, to suspend their 12 years imprisonment in a Pocso case in Ramanathapuram in 2023 by a trial court for sexually assaulting an 8-year-old minor boy.
The court noted inconsistencies in the evidence submitted by the examining doctor. The doctor stated that the victim had sustained injuries, whereas during the cross-examination, he refuted the claims, and the wound certificate falls short of the required details.
“All medical and legal records should accurately record the findings and professional opinion formed at the time of examination. It is important to make entries in a clear and unambiguous manner and familiarise with the medical records before entering the witness box.
The expert needs to understand every question put during examination. They must carefully read and verify the deposition before signing the same and immediately bring to the notice of the court if any omission or inadvertent error is noticed, the judge said.
The court finds it appropriate to reiterate the importance of the key medical evidence, particularly in Pocso cases. “It is the key evidence that could determine the guilt or innocence of the accused person and assumes even greater significance, since child victims may struggle to report facts accurately or withstand hostile cross-examination,” the court added.