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279,337,338 ipc

(Querist) 04 March 2012 This query is : Resolved 
Injured has no medicolegal and got treated out of city. He has only medical bills and prescription of doctor of hospital.

lack of medicolegal may help me ?.
Plz suggest any citation on this point.

There was local fair where the injured was said to be injured, and the bus driver does not know that he is behind the accident, he says otherwise public might harm him and the bus also. He is Roadways driver.
Nadeem Qureshi (Expert) 04 March 2012
Dear arvind
1. What do you want?
2. are you from driver side or injured?
Ghanshyam Prasad (Expert) 04 March 2012
Lack of legalmedical will certainly help the accused.
Adv.R.P.Chugh (Expert) 04 March 2012
Lack of MLC though of importance would pale into insignificance if otherwise the presence of injuries is successfully proved, as also the genuinity of the certificate/prescription, though the absence of MLC would put court on guard.
Shonee Kapoor (Expert) 04 March 2012
MLC is an important piece of evidence, lack of it would put the onus of proof very heavily on the complainant.

Though just on this specific ground discharge is not possible.

For relevant citations try www.indiankanoon.org

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Arvind Singh Chauhan (Querist) 04 March 2012
Thanks to all Nadeem Sir I am for accused. Mr. Chug! Doctor who treated him has been examined but he has accepted that these injuries may be incurred due to fall on rough and hard object! also.

Injured says police took his statement at local hospital where he got Primary treatment.

But police didn't try to get MLC.
Raj Kumar Makkad (Expert) 04 March 2012
Accused shall be duly benefitted as prosecution has miserably failed to establish the chain of the events. The conviction can be based only on those facts which clearly and beyond any reasonable doubts prove the guilt of the accused person which is totally missing in the mentioned case.
Arvind Singh Chauhan (Querist) 05 March 2012
Thanks a lot seniors.
Shonee Kapoor (Expert) 06 March 2012
Never mention.

Regards,

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


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