Legal Question in Criminal Law in India

It is a criminal case,the victim has submitted x-ray report certified by the govt. doctor in the court, and according to the statements given by the witness(including govt. doctor) confirms that the leg was broken, but the victim has not submitte the x-ray plate of the fractured leg, as he was not told to do so.
So, can the accused be acquitted on the basis of absence of x-ray plate.My father is the victim.
Thanks in advance,
Ankit Singhal

Asked on 9/24/09, 7:33 am

3 Answers from Attorneys

Pawan Jangid

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Admissibility of doctor's evidence certifying the fracture prevails over the availability/unavailability of x-ray plate on record. So far as acquittal of accused is concerned, it also depends upon number of other factors involved.

Answered on 9/24/09, 1:49 pm

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Shrichand Nahar S.V.Nahar, Advocate

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If victim was directed/ordered to produce x-ray plate and despite such order, he did not produce x-ray plate, then court would draw an adverse inference and in such event benefit would go the accused.

However, if there is not such order/direction by court, then same would not be sufficient for benefit to accused.

Answered on 9/25/09, 1:03 am

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