Crpc 326.324 medical certificate of privet hospital
Querist :
Anonymous
(Querist) 12 November 2011
This query is : Resolved
in a state case the complainant got head injury 1x1x1 cm admitted in govt hospital by the police and discharged after 3 days.he was fit to do his normal duties after that and he was doing it as normal routine.After getting a discharge from the gov.hospital after a gap of 3 days he again got himself admitted in a privete hospital for some treatment and remained there for 15 days.prosecution has also submitted pvt hospital certificate on his lawyers pressure who is also a witness in that case. my querry is that whether this certificate is admissable and if the court exibits this document then what will be the impact on the entire case.This is a fabricated evidence made after discharge from the govrernment hospital.please specify case laws/ref cases.
Sankaranarayanan
(Expert) 12 November 2011
yes it also admissible, It is not after one year or and more
with in 3 days is acceptable and admissible
Piyush Vaishnava
(Expert) 12 November 2011
it is admissible.
if you proove that this is a fabricated evidence made after discharge from the govrernment hospital than it is waitless. if your lawyer give suggestions at the time of cross examination about that and challenge it, you may get favor and may be possible the complainant loose his case.
Guest
(Expert) 12 November 2011
First and foremost question arises, whether you are asking from the point of view of criminal attack in terms of Sec. 324 & 326 of Cr.PC, having caused hurt by dangerous weapons or mean, or as an employer of the person, as you have also stated that the concerned person "was fit to do his normal duties after that and he was doing it as normal routine?"
The second question arises, if some one gets a head injury, should he become careless towards vital part of his body not to get that treated and also that there cannot develop any problem due to incomplete treatment after three days of discharge from Government Hospital?
You have also stated that "this is a fabricated evidence made after discharge from the govrernment hospital." So, the THIRD QUESTION ARISES, whether the doctors of Government Hospital are more qualified and experts than those of the Private hospital or the private hospitals employ only quacks in the name of doctors? You should know that most of the doctors in Government Hospitals are merely MBBS, while the private hospitals have more strength of specialists with higher qualification of MD.
You should also know that if any doctor gives a false medical certificate, he is liable to be barred from medical practice. A private hospital and a private doctor have also to observe prescribed professional ethics. If you feel that the medical certificate was fabricated, you and your advocate would be free to prove that on some valid grounds. Merely stating that this is a fabricated evidence should not be expected to be treated as fabricated.
Shonee Kapoor
(Expert) 12 November 2011
Certificate is admissible.
However, the same is subject to scrutiny and cross-examination.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 13 November 2011
thank you very much dhingra Sir,
let me breif you some more . After the discharge the complainant was doing his day to day activities easily and as he came to know about the bail of the accused before his discharge from the hospital he got himself admitted in private hospital.During these 3 days gap if any accident occurs then is it that the same accused is responsible for it.there is possibility that the complaintant fall down from staircase or may be hit by someone while driving a two wheeler.this case has come up for hearing after 10 years and the complainant(pp) has got very weak case to fight.The witnesses are all from the same family.Outside witnesses are already dead/missing.my only querry is whether we should accept this certificate easily.i know that it is the repsponsibilty of the prosecution to proove their documents on record.they may call this doctor to proove med certificate but he cannot link this certificate with the certificate issued by govern.hospital.
pleaswe advise. thank you
Devajyoti Barman
(Expert) 13 November 2011
Unless the same comes before the court it would be too early to comment.
Guest
(Expert) 13 November 2011
Dear anonymous,
This is with reference to your supplementary information. If you have any doubt on the medical certificate to be fabricated, you can request the judge to get 2nd medical opinion on the fresh medical certificate from some Government doctor to check whether the same problem aggravated or he had to get admission on account of some fresh injury.
