Legal Question in Criminal Law in India

I am a senior professor in a central university which has a big hospital for treatment of patients. A doctor of the said hospital treated me negligently which could lead to my untimely death. The doctor filed a case in the local court against me under IPC 500/501mentioning that a complaint was written to the vice-chancellor of the university and the Director of the Institute of Medical Sciences in which the Doctor works. During the proceeding of the case the said complaint was never shown to me. The magistrate has mentioned in his judgment that the self attested xerox copy of the said complaint was submitted by the witness of the doctor who filed the case against me. The said complaint was never exhibited during the whole proceeding of the case and also the witnesses of the doctor did not mention anything about the said compliant in their statements in the court. The magistrate has convicted me for 3 months jail and Rs. 20,000 penalty under section 500/501 based on the above mentioned complaint.

I have made appeal in the session court and for the argument I would like to know the following:

1. The vice-chancellor and the Director are the appointing and the disciplinary authority under whom the doctor works. Whether the said Complaint can be considered as the ingredient for defamation in spite of the fact that it was not submitted by any of the witnesses and also not exhibited during the whole proceeding of the case? What should me my legal argument in this matter? Is there any High Court or Supreme Court Ruling related to this matter?


Asked on 2/09/12, 3:40 am

3 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

in case the alleged documentary evidence is not exhibited during evidence on the basis of which, the case has been filed, this is a good ground for an appeal against conviction. you may request your lawyer for citations under Indian Evidence Act.

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Answered on 2/09/12, 4:05 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

approach a local lawyer

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Answered on 2/10/12, 1:18 am
Shrichand Nahar S.V.Nahar, Advocate

You only mentioned what has not been exhibited.

You need to first understand findings of the trial court and evidence on which such findings are based.

Question of confronting you with the complaint may arise if you step into the witness box. Did you step into witness box?

Consult your lawyer in know of all the facts, documents, evidence etc. in the matter.

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Answered on 6/11/12, 10:09 pm


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