rakesh sss (operater) 28 February 2011
the mlc is created by doctor but the doctor was not informed to police.after one month the victim complaint to police about 498a harreshment at other police station. can the mlc is taken by the court as a evidance .in the same case the police is not submited any evidance in the court at the time filing of chargesheet but after three year the victim produce a latter of discharge given by the doctor to the court.if the court is marked it what shoud do by the diffence.
Raj Kumar Makkad (Adv P & H High Court Chandigarh) 28 February 2011
The accused shall be duly benefitted of all such lacuena of prosecution case. Such long delay and non-following of settled procedure is fatal to prosecution case.
tarun (Advocate) 28 February 2011
Its an important peice of evidence. However it depends upon the doctor concerned to refer the case to police for its registration as an MLC case. Basically it depends upon the patient as well as the doctor. Doctor is duty bound to register the case where particular category of offence is made out. He may not follow the protocol by not registering mlc when same is requested by the patient itself. reason/request is supposed to be maintained by him in order to defend his case for non reporting to police authorites.
You may ask for the particulars of the case under RTI as to whether case has been registed as MLC or non MLC and if no, what was the reason noted by Doctor not to report such case.
Regarding the use of such evidence, i think it may be used in important reference to the offence and it may co relate the incident.
Consult your lawyer regarding further course of action
rakesh sss (operater) 01 March 2011
tarun sir ,i want to know if the doctor not concern to the police but made a mlc .if accused is inocent can mlc made by the doctor is helpful to proof his inocense.
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