Judgment Highlights Importance of Medical Evidence and Issues Directions to Enhance Credibility in Sexual Offence Trials
In a significant ruling, the Madurai Bench of the Madras High Court dismissed the petitions filed by Nambu Kaleeswaran and Selvaraj seeking suspension of their sentences in a case under the Protection of Children from Sexual Offences (POCSO) Act, 2012. The accused were convicted by the Fast Track Mahila Court, Ramanathapuram, for sexually abusing an 8-year-old boy and were sentenced to 20 years of rigorous imprisonment each.
The petitioners argued that inconsistencies in the medical evidence, specifically the testimony of Dr. Feroz Khan, undermined the prosecution's case. Dr. Khan initially testified that injuries consistent with sexual assault were present but later contradicted himself during cross-examination. This contradiction formed the basis of the petitioners' plea for suspension of the sentence.
Justice B. Pugalendhi, presiding over the case, ordered Dr. Khan to clarify the apparent inconsistency. Upon examination of original medical records, the court found that injuries had indeed been documented, though not properly reflected in the Wound Certificate. Dr. Khan attributed the inconsistency to an inadvertent error during his deposition, compounded by his professional obligations at the time.
The court emphasized the crucial role of medical evidence in sexual offence cases, particularly under the POCSO Act, where child victims may struggle to provide consistent testimony. The judgment reiterated that medical evidence, both documentary and oral, serves as vital corroboration in determining guilt or innocence. Justice Pugalendhi cited precedents underscoring the responsibility of medical professionals to provide clear, honest, and impartial evidence.
To prevent similar discrepancies in future cases, the court issued directives to the Tamil Nadu Health and Family Welfare Department and the Directorate of Medical Education. The directives include the mandatory use of standardized medico-legal examination proforma, ensuring legibility and accuracy in medical documentation, and reinforcing the duty of medical professionals as expert witnesses.
The judgment aims to enhance the credibility of expert evidence and strengthen the justice delivery system. The court's directions are intended to minimize the possibility of inconsistencies and reinforce the confidence reposed in medical experts by the judiciary.
Bottom Line :
Importance of medical evidence in cases under the POCSO Act, 2012, and the duties of medical professionals while acting as expert witnesses in sexual violence cases.
Statutory provision(s):
- Protection of Children from Sexual Offences (POCSO) Act, 2012, Sections 6 r/w 5(m) & 5(l)
- Indian Evidence Act, 1872, Section 45
- Code of Criminal Procedure, Section 164
Nambu Kaleeswaran v. State of Tamilnadu, (Madras)(Madurai Bench) : Law Finder Doc id # 2963510
