Court No. - 50 Case :- CRIMINAL REVISION No. - 1429 of 2010 Petitioner :- Sughar Singh & Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Aalok Kumar Srivastava,A.L. Gupta Respondent Counsel :- Govt. Advocate Hon'ble Ashok Kumar Roopanwal,J.
Supplementary affidavit filed be kept on the record.
This criminal revision has been filed against the order dated 10.2.10 passed
by the Additional Sessions Judge, Court No.3, Kanpur Dehat in S.T. No.215
of 2009 whereby the application moved by the revisionists for not admitting
the medical report in evidence was rejected.
It appears from the record that during the trial of the aforesaid Sessions
Trial an application was moved by the revisionists to the effect that the
medical report relied upon by the prosecution was not admissible in evidence
as it was not prepared by an authorised doctor, therefore, it should not be
admitted in evidence.
Heard Mr. A.L. Gupta, learned counsel for the revisionists, learned AGA
and perused the record.
Mr. Gupta argued that as the medical report was not prepared by an
authorised medical officer, therefore, it was not liable to be admitted in
evidence.
As the medical report has been tendered in evidence by the prosecution,
therefore, its admissibility can only be judged after the evidence of the doctor
who conducted the medical examination. Therefore, there was no justification
at all to allow the application and to reject the medical report.
The revision has no force and is dismissed.
Order Date :- 19.7.2010
T. Sinha