hi all,
in my 498a case the i.o. & m.o. were called by prosectution after u/s 313 crpc statement of accused recorded. since after several summons for more than one year the medical offiecer (doctor) appeared before JMFC court, thereupon doctor who come was CMO and he said to court that i m not the one who prepared medical report/certificate and examine the complainant lady hence i can name the doctor who examine complainant lady and inform that doctor to appeared before the court. but, i.o. still not delivered summons it comes back with remark i.o. not found as he got transfer etc.. during this the prosecution/complainant wants to produce some photographs of harrasment done to her. i told the court complainant lady evidence over in year 2008 at that time she has not produced and now after 4.5 years she want to produce that documents and also when we file application of recalling her for reexamination our application was rejected. the prosecution wants to get admitted from our side the medical report/certificate so that sending summons and calling doctor be avoided but we have not admitted those medical report (which can be u/s 294 crpc) and request court to issued summons to doctor. at that time i see the certified copy of medical report i have does not consist of doctor name, but on case filed in APP hand that medical report having doctor name in it. i m sure that this doctor name was added by the PP or CMO during they referring the case filed of court.
my queries are,
1. is that the medical report in court case file can be modified with adding anything ( such as doctor name or etc..) by PP or doctor itself is allowed with or without out court consent? or it can be said tempering of evidence in court file ? they did this before who knows anythings else was done in any document in court file.
2. what action can i take if they added or delete any words on medical report or paper in court file ? what section does attracts.
3. after doctor examination the accused person statement will be recorded u/s 313 crpc ? and if doctor only admits the medical report and examine her, in that case too accused statement is reuried to recorded? pls. explain in details with law point.
4. Complaiant can produced photographs of harrasment(as per there say) would be permissible in court at this stage through any witness? pls. explain in details with law point and how it possible and how can i defence / object it.
5. I can request court to drop I.O. as there was no seize of any articles from accused and non apeearnace of I.O. dragged case for long ? or there any document which I.O. has to admits (like FIR,Chargesheet, or any document of police station) for which court requried I.O. presence, as complainant admits the FIR is as per her say.? pls. explain in details with law point and how can i defence this stage.
6. on last to last date court has to me that you have wait for 1 year wait for 1 date and promised me that on this date I.O. not come i will close evidence stage of prosecution and issued the summons. but I.O. not appeared. so i can mentioned this and close the evidence stage.?
pls .reply urgently.
thanks in advance.
