Medical evidences in India are used by investigating agencies to prove the guilt of the accused. The medical and scientific evidences can play a major role in identifying the accused and proving his guilt. These evidences are mainly corroborative pieces of evidences.

The expression "evidence" means "oral or documentary or circumstantial proof of the allegations in issue between the parties in a legal proceeding". "Medical evidence" means a proof given by medical expert, which is based on his scientific knowledge skill and personal experience.

The knowledge of medical professionals has always been essential in criminal justice. A doctor's opinion helps courts decide a variety of matters. Medical evidence is inevitable, especially in the case of certain crimes against women or the death of a person. The medical evidence presented by the prosecution is of great probative value.

The prosecution is consistent with medically verifiable facts, as it proves that the injuries may have been caused in the manner alleged and the deaths may have been caused by the injuries, there is no reason not to believe eyewitnesses. In this paper, therefore, researchers will discuss the importance of medical evidence in criminal cases and the nature of crimes, particularly the techniques used to detect crimes against women.

I will explain in detail in comparison with the testimony of house witnesses and witnesses' eyes. To this end, the researchers intend to rely on the judgments of the Supreme Court of India and various High Courts of India relating to medical and forensic evidence.

Medical Opinion

In certain judicial proceedings, the defendant admits to being insane or minority. The age of the kidnapped person or raped girl is always at issue in kidnapping and rape cases. In all these cases, a medical report must be submitted to prove mental illness and minority status. In the case of rape, in addition to being a minor of the girl, a medical report is also submitted to confirm the fact of rape.

However, the probative value of an expert opinion is not binding because the court has discretion to accept or reject it. This discretionary power in the hands of the Court arises from Section 45 of the Indian Evidence Act, 1872 which, theoretically, gives a lesser degree of importance to expert evidence by terming it as merely corroborative in nature.

In Chimanbhai Ukabhai V. State of Gujarat, 1983, the supreme court observed, The medical evidence adduced by prosecution has great corroborative value. It proves that the injuries could have been caused in the manner alleged and the death could have been caused by the injuries so that the prosecution case being consistent with matters verifiable by medical science, there is no reason why the eye-witnesses should not be believed.

Unless, however, the medical evidence in its turn goes so far that it completely rules out all possibilities whatsoever of injuries taking place in the manner alleged by eyewitnesses, the testimony of the eye witnesses cannot be thrown out on the ground of alleged inconsistency between it and the medical evidence. "

SEC 45 of Indian Evidence Act, 1872

Sec 45 of Indian evidence Act, 1872 states that, "When the Court has to form an opinion upon a point of foreign law or of science or art, or as to identify of handwriting or finger impressions, the opinions upon that point of persons especially skilled in such foreign law, science or art, or in questions as to identify of handwriting or finger impressions, are relevant facts." Such persons are called experts.

The careful reading of the section gives us a vague idea about who is an expert, by the words - the persons especially skilled. No explicit reference to qualifications, experience or special achievements. However, particularly competent means that the specialist is technically competent and has sufficient expertise.

Who Is An Expert

An expert is someone who is taught through experience and is called an "expert". Witnesses are generally not allowed to say what they think or believe, so their opinions are irrelevant to judicial investigations, but they may be subject to certain specific circumstances requiring special knowledge of the subject matter in question. In matters, the opinion of a person with special study, training or experience is acceptable. evidence. An expert's opinion in a criminal case is only a small part of the total evidence that a judge decides to evaluate.

Experts are not observers of reality. His proof is truly advisory in nature. The expert witness's duty is to provide the judge with the essential logical criteria against which to check the correctness of the conclusion. Case.

In Awadhesh v. State of M.P. (1988) the Supreme Court Chief Justice again stated: "Medical reports are not always final and binding."

Importance Of Medical Evidence

The interplay of medicine and law has played a decisive role in recent years. Medicine reveals how a person's death is caused, how injuries are caused, and law prosecutes those who kill or injure others. According to our legal system, autopsy reports, wound examinations, chemical analyses, and expert opinions are admissible as evidence in court. Today, medical evidence is becoming more and more important.

Medical evidence includes medical examination reports, chemical analysis reports, serologists, DNA, etc. A doctor's opinion helps courts decide a variety of matters. Medical evidence is essential, especially if a person has died. Medical evidence is usually corroborative evidence (Anon 2013). Expert evidence alone cannot convince a court beyond a reasonable doubt that a particular person is guilty.

If medical personnel are called as expert witnesses, their testimony is not direct evidence of how the injury in question was inflicted and must not testify to the facts. He is only stating his opinion on how it was most likely caused. It is only to the extent that it can be given weight or contradicted the evidence, precluded the possibility of injury in question, and the method asserted by the witness.

Value Of Medical Evidence

Expert opinion should be approached with care and caution. However, conscientious professionals naturally have biases in favor of those who rely on them. He is often called upon

by one party simply because he is judged to represent the views that best suit his interests. Because medical evidence is not direct, the value of such evidence depends on whether it supports the direct evidence of eyewitnesses, gives them weight, or supports that evidence, and the injury exists only in the contract to exclude the possibility of it arising in such manner. claimed by these witnesses. A doctor's opinion carries a lot of weight, but you can refuse it if you have a good reason.

Since medical evidence plays an important role in criminal cases, the opinion of experts from all fields should help the court to easily determine the nature of the crime and the guilt of the defendant. Expert testimony produced by the Court helps courts decide on a variety of issues, especially crimes against women and the death of a person.

Importance Of Medical Evidence In Criminal Cases

In manslaughter and personal injury trials, the cause of death, bodily injury, mortal or bodily injury, the weapon likely to be used, the effects of the injury, drugs, poisons, the effects of wounds, and death in the ordinary course of nature, duration of injury, and estimated time of death. Medical knowledge is specialized knowledge. Ordinary people may not be able to acquire medical knowledge without proper education and training.

The knowledge of medical professionals has always been essential in criminal justice. A doctor's opinion helps courts decide a variety of matters. Medical evidence is essential, especially if a person has died.

Medical Evidence And Scientific Techniques

Medical evidence and scientific methods are also used by investigative agencies to prove the guilt of defendants. Given current scientific developments, medical scientific evidence can play a large role in identifying an accused person and proving his guilt. scientific evidence cannot be easily dismissed in court.

At the same time, courts must consider under what circumstances scientific expert evidence should be admissible. If the nature of the question submitted to the court is such that it is not necessary to collect scientific evidence, the court may not allow such evidence.

Therefore, medical evidence is not direct evidence. "Medical Evidence" means evidence provided by a medical professional based on scientific knowledge, skill and personal experience (International Journal of Applied Research n.d.). However, such expert opinions are opinions only, unless cross-examined in court and admitted as evidence in court. A medical professional's opinion cannot override the testimony of a respected independent witness.

As to the issue of discrepancies between medical and visual evidence, the law firmly states that oral evidence takes precedence unless the available oral evidence completely contradicts the medical evidence.

When there is a discrepancy between medical and physical evidence, eyewitness ophthalmologic testimony has greater probative value compared to expert evidence. Type of weapon, use of weapon, nature of injury caused, expected duration, etc. In that case, medical evidence plays an important role. Enough to discredit the whole case if not rationally explained.

In State of H.P Vs Jai Lal (1999), the court ruled that the report was inconclusive and not subject to court proceedings.

Scientific evidence plays an important role in courts, but courts can also demand better scientific evidence with improved ways to correctly interpret results. Evidence of this can be found in all relevant medical records from the facts. The court will review the contents of the report. During the presentation of evidence, courts and attorneys can engage experts to conduct research. Courts can encourage experts to admit and propose new evidence in court.

Evidence of various medical and scientific or professional skills:

• Blood Stain
• DNA Test
• Narcotic Analysis Test
• Blood Test
• Handwriting
• Fingerprint
• Photography

Autopsy Report

The autopsy report indicates approximate time of death as determined by observing rigor mortis, coroner's report, degree of body heat and putrefaction, bladder and stomach contents, etc. Helps determine time of death. If the Medical Officer verifies the veracity of the recording, the recording itself will be treated as evidence. A coroner's report is not admissible as evidence unless verified by a coroner's court hearing to corroborate the evidence in his or her report.

In Gafur Shaikh V. State, as permitted by law, the coroner's report is used by the doctor who performed the coroner to refresh his or her memory while testifying in court. In this case, no evidence was presented that the postmortem report was admissible under any of the relevant provisions of Chapter 2 of the Evidence Act. The judge erred in law by treating the postmortem report as material evidence in this case without any basis for the applicability of the relevant provisions of Chapter 2 of the Evidence Act.

Blood Stain

Bloodstains are searched at the scene of murder, assault, traffic accident, abortion, rape and other crimes in which the victim or defendant is injured. Weapons such as the corpses and clothing of victims and perpetrators, vehicles and their parts, and broken glass. Send your blood to a specialist immediately. Otherwise, it will decompose over time and change rapidly.

When rapes are committed against women, little direct evidence is available. Especially in the case of his wife's murder, the crime is committed again within the four walls of the house.

In such cases, medical evidence plays an important role. In the absence of direct evidence. A woman's vulnerability is such that her caregiver can benefit from his position and she becomes a victim of his violence. He enthusiastically submits a case, but the prosecution's claims weaken.

In the Kathua Rape Murder Case (2018), an 8-year-old girl was raped and murdered after being held for a week in a temple in a small village in Kathua District. With no direct evidence of her accused's guilt, she was brutally raped. Therefore, the court immediately ordered a forensic examination of the victim's body. An autopsy revealed the presence of clonazepam in the dead girl's body.

An examination by her doctor revealed that the girl had been sedated prior to the rape and murder. Forensic evidence showed that she had been held for several days by Sanji Lam, one of those accused of the crime. A lock of hair recovered from her temple matched one taken from the girl. Did. A forensic examination revealed that Bano had been raped, had her strangled to death, and had been repeatedly hit on the head with a heavy stone by another man.

A forensic laboratory in Delhi found 14 pieces of evidence against her, including vaginal swabs, hair, blood samples from the four defendants, the internal organs of the dead girl, the girl's dress and salwar, plain clay, and blood-stained clay. Analyzed packets. A vaginal swab matched the defendant's DNA, as did several other samples.

Her hair, which was found at the temple where Asifa was raped, matched that of the girl and the defendant. Eight people were arrested and charged with the crime based on medical evidence. Certain crimes against women, especially rape, require medical evidence.

DNA

It is the biological blueprint of life. DNA profiling is used to identify individuals and their lineages, as DNA fingerprinting profiles are unique to each individual. This technical device is used to identify individuals in criminal and civil cases. The main advantage of this device is that the test can be performed on small samples and can accurately identify the original with a high degree of certainty.

It shows the same genetic patterns regardless of the biological material such as hair, semen stains, fresh blood, soft or hard tissue. These tests are very useful in various criminal investigations related to crimes such as rape, murder, kidnapping, and babies. Swapping, infanticide, newborn abandonment, illegal abortion.

Narco Analysis Test

These are scientific tests that minimize physical harm to the accused or affected person. In microanalysis, a person is put into anesthesia by injecting a drug. The drug-induced subject/person is then asked questions that are normally assumed not to lie. The information collected in a lie detector test is information that the accused personally knows. In some cases, this evidence can be used in court to prove the defendant's guilt.

In Noida Double Murder (2008), the case involved Aarushi Talwar, a 13-year-old girl, and her 45-year-old Hemraj Banjade, a live-in domestic worker employed by her family in Noida, India. related to the unsolved murder of the two were killed in Arashi's home on the night of May 15-16, 2008. The incident attracted public attention as a crime story and was picked up by many media outlets.

Sensational media coverage, including lewd allegations against the suspects, has been criticized by many as a media trial. When Aarushi's body was found on his May 16th, the missing servant Hemraj was considered the prime suspect. But the next day, his partially decomposed body was found on the patio. The police apparently suspect Talwar's parents.

The case was then referred to his CBI, who acquitted the parents and brought Talwars' assistant under suspicion. During the interrogation of the three men, the CBI suspected he murdered Aarushi and his Hemraj as witnesses after they attempted sexual assault. The CBI indicted the parents for the death penalty and put them on trial.

Blood Test

The purpose of doing a blood test is usually to find a kinship or connection between people. It has great evidential value in court and is commonly used for paternity, maturity and personal identity. Blood typing is the perfect test for determining the paternity of a child in dispute and can be used by courts as circumstantial evidence.

In Anuj Alias Anu and Anr. Etc. vs State of H.P. (1999), the opinion that it does not make a general allegation that it is the defendant's weapon or clothing. meaning.

Handwriting

Handwriting is studied according to scientific principles by handwriting experts, so-called calligraphy experts. A person's identity can also be verified by comparing handwriting. First, the defendant's approved writings are obtained for comparison with the pending writings.

A person familiar with a particular person's handwriting, or a handwriting expert qualified to compare handwriting on a scientific basis, has the right to testify in court. A court may also compare a document created in its presence with another document recognized as that of the same person.

Fingerprint

Fingerprint evidence may not be as well-known as other high-tech crime-solving methods such as DNA typing, but it is still very commonly used in criminal investigations and cases. In Mohd. Aman, Babu Khan And Another vs State Of Rajasthan (1997), the High Court upheld Mohd. Aman conviction. Aman's fingerprints were found on a brass jug in the deceased's home.

Photography

The science of photography includes microphotography, the combined science of astrology and cameras, allowing us to see small cues that are invisible to the normal eye. This technology allows you to look for hairs, fibers, dust particles and holes in paper. Video cameras help to obtain irrefutable evidence of a case and the roles of perpetrators and police in illegal gatherings, bribery, etc. The device provides courts with a clear picture of the crime.

Therefore, this chapter clearly describes the value of various scientific methods and developments based on medical evidence. As a result, medical and scientific evidence can play an important role in identifying an accused person and proving his guilt. Evidence cannot be easily dismissed in court.

Medical Evidence And Ocular Evidence

A medical expert's opinion cannot override the testimony of a respected independent witness. However, in the event of a conflict between the two, medical evidence prevails. If medical and oral evidence disagrees with other oral versions of the nature of the attack, type of weapon, use of weapon, type of injury caused, expected duration, etc., medical evidence can help.

A key role is enough to discredit the entire case, unless it is reasonably explained. Thus, eyewitness testimony cannot be dismissed solely because it is inconsistent with medical evidence. Medical evidence to the contrary is not acceptable if the witness is credible.

In Brij Bhushan v. State of U.P (1957), the court has ruled that, in appropriate cases, it can reach its own conclusion that the medical evidence is insufficient, given the nature of the injury and other relevant evidence.

Recommendation

1. In a criminal case, the prosecutor presents evidence to prove the defendant's guilt, and the judge renders the appropriate verdict.
2. There is an important commonality between these two processes of hers, and that is expert testimony or proof of expertise.
3. This evidence was presented to the court by experts such as medical expert must be of great importance.
4. Medical professionals must be very important.

Conclusion
In India, medical evidence may be considered corroborative evidence granted by the Indian Evidence Act, 1872. Medical evidence is considered evidence of opinion and plays an important and integral part of the evidence, especially in cases of crimes against women.

Because expert opinion is essential in criminal cases, the government has established laboratories in the country and other agencies in the country provide scientific services in criminal justice. Therefore, researchers can finally conclude that evidence and witnesses are sorely needed to ensure fair justice and hold a very important place in law.

With the help of evidence, the judge makes a decision. The evidence heard by the court is the most important factor in determining whether a judgment favors the prosecution or the defense.