Tuesday, 13 June 2017

Whether accused can be acquitted if Expert Evidence is cryptic and inadequate?

But looking at the post-mortem report, cause of injuries was not stated nor was any opinion formed to create independent testimony. We would like to emphasize on the vital role played by opinion of the expert which is simply a conclusion drawn from a set of facts coming to his knowledge and observation. Expert's opinion should be demonstrative and should be supported by convincing reasons. Court cannot be expected to surrender its own judgment and delegate its authority to a third person, however great. If the report of an expert is slipshod, inadequate or cryptic and information on similarities or dissimilarities is not available in the report of an expert then his opinion is of no value. Such opinions are often of no use to the court and often lead to the breaking of very important links of prosecution evidence which are led for the purpose of prosecution. Therefore, we are of the considered opinion that the prosecution has failed to prove that death was caused due to the injuries inflicted by the recovered weapons.
(Before Pinaki Chandra Ghose and Rohinton Fali Nariman, JJ.)
Machindra v.  Sajjan Galpha Rankhamb & Ors
Criminal Appeal No. 1794 of 2013
Decided on April 19, 2017
Citation:2017 SCC ONLINE 443
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