Conflict between expert advice acc to sec 45 crpc

jatin sharma (Querist) 11 March 2012 This query is : Resolved
hi,my Query is that I am a handle some one case which is 325 323 34 IPC. the mlr report which made by dr is died. the prosecution gave the application to magistrate that they want to examine the other doctor which is present their on the spot where examine done.but acc to first dr report he was only present there. so i want to know that is there any citation which is dined is application. reply urgent.
thank in advance.

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jatin sharma (Querist) 11 March 2012
sorry to every one but 45 sec is fall under evidence Act

Deepak Nair (Expert) 12 March 2012
There is no illegality in calling that second doctor to give expert opinion.

But, the documents issued by the first doctor cannor be proved by the second doctor as he is not the author of the document.

But he can give his opinion on the technicality of the documents.

Shonee Kapoor (Expert) 12 March 2012
Agreed with Ld. Nair.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Guest (Expert) 13 March 2012
To unearth truth nothing is wrong to seek examination of other doctor, who was present on the scene.

However, the defence has the right to challenge the evidence through cross-examintion of the said witness, if something is found wrong or manipulated on his part. Shelter on citation may not help, rather can weaken the case of defence, if unable to counter the evidence properly and effectively.

Any defence case should stand on its own legs rather than trying to stand on crutches of citations.

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