Wednesday, February 1, 2012
Tuesday, January 31, 2012
Importance of Medical reports in Paternity,Impotence ,Sterility&Sexual offences cases.
Importance of Medical reports in Paternity,Impotence,Sterility&Sexual offences cases.
Overview :
The court faces herculean task while adjudicating highly complicated &highly contested cases and judges faces litmus test in dealing cases of paternity, impotent,infertility or sexual offences,when no other reliable evidence is available ,only available corroborating piece of evidence is medical evidence to prove the guilt of the person or adjudicate the sensitive issue pending before the court.
Most complicated &typical cases not only attracts lawyers and academicians interest,but also arouses curiosity among the general public through constant media coverage;
- Paternity &Legitimate[through DNA technology] to prove children are not illegitimate ,born with in wed lock or determine biological father or mother.
- To declare husband impotent[incapable of sexual intercourse]
- To declare women infertile & issue of virginity.
- To decide sexual offences cases-especially rape accused pleads that there was consent to sexual act ,medical evidence plays crucial role prove or disprove false charges of rape.
The panel of expert doctors or doctor give expertise report of the issues involved in such cases.
Paternity &Legitimate:
The question of legitimate or paternity plays crucial role in cases of inheritance of property &legacy of the family,more than that, it will become a prestige or an emotional issue for a women or a child or adult,no child will prefer to call himself or herself illegitimate ,no women will bear stigma of being called unchaste women.
There is case pending against one of prominent Senior national leader for declaring him as biological father of the man.
The children born out of lawful marriage is called legitimate, As per Indian Evidence ,Act S.112 child born during continuing marriage with in 280 days of divorce or death is presumed to legitimate or proved otherwise ,it is illegitimate child.
The world is facing science and technology revolution,the newer technologies like DNA /finger printing technology is helping the courts and prosecution in high profile complicated cases.One of the most complicated cases are paternity &legitimate case,the victims approach the court to declare that Mr. X is their biological parent and victims approach court their child is born with in the wedlock ,not as a result of extra-marital affair, also to prove that child is not bastard or illegitimate,when husband alleges he is not biological father child due to various reasons non- access,physically incapable of begetting child ,blood groups are not compatible.
A women can appraoch court to declare particular man to be father of her child,magistrate can award maintenance, but medical test like blood test is compulsory in such cases,there is no clear law,where husband can be forced to give blood.
The question of legitimate or paternity plays crucial role in cases of inheritance of property &legacy of the family,more than that, it will become a prestige or an emotional issue for a women or a child or adult,no child will prefer to call himself or herself illegitimate ,no women will bear stigma of being called unchaste women.
There is case pending against one of prominent Senior national leader for declaring him as biological father of the man.
The children born out of lawful marriage is called legitimate, As per Indian Evidence ,Act S.112 child born during continuing marriage with in 280 days of divorce or death is presumed to legitimate or proved otherwise ,it is illegitimate child.
The world is facing science and technology revolution,the newer technologies like DNA /finger printing technology is helping the courts and prosecution in high profile complicated cases.One of the most complicated cases are paternity &legitimate case,the victims approach the court to declare that Mr. X is their biological parent and victims approach court their child is born with in the wedlock ,not as a result of extra-marital affair, also to prove that child is not bastard or illegitimate,when husband alleges he is not biological father child due to various reasons non- access,physically incapable of begetting child ,blood groups are not compatible.
A women can appraoch court to declare particular man to be father of her child,magistrate can award maintenance, but medical test like blood test is compulsory in such cases,there is no clear law,where husband can be forced to give blood.
Impotency:
Impotency is the inability of a male to perform sexual intercourse,sterility is inability of male beget a child., medically ,a 9 yrs boy to 90 yrs man is fertile,if sperms are present in semen ,the impotency &sterility is one of the ground to seek divorce under Hindu Marriage Act ,1955 and Special marriage Act,the wife alleges the husband is impotent and unable to consummate the marriage ,due to said impotency or sterility ,some times, husband denies that he is impotent and he counter alleges that his wife is infertile ,then in a such scenario,concern court may refer couple to a panel of doctors for medical examination to elicit the expert opinion on their allegation of impotency &infertility.
The opinion of impotent is inferential,after examination of male genital organs.if doctor does not find any physical abnormalities ,gives an opinion that he is capable of sexual intercourse,the absence or poor physical development of penis may result impotent due to genetic defects.there is no such thing diminished potency or impotency,impotency may result to due to physical as well as mental diseases.in case of sterility ,examination of semen is essential.
The defence of impotency also pleaded in case of rape,adultery, and unnatural offences.
Impotency is the inability of a male to perform sexual intercourse,sterility is inability of male beget a child., medically ,a 9 yrs boy to 90 yrs man is fertile,if sperms are present in semen ,the impotency &sterility is one of the ground to seek divorce under Hindu Marriage Act ,1955 and Special marriage Act,the wife alleges the husband is impotent and unable to consummate the marriage ,due to said impotency or sterility ,some times, husband denies that he is impotent and he counter alleges that his wife is infertile ,then in a such scenario,concern court may refer couple to a panel of doctors for medical examination to elicit the expert opinion on their allegation of impotency &infertility.
The opinion of impotent is inferential,after examination of male genital organs.if doctor does not find any physical abnormalities ,gives an opinion that he is capable of sexual intercourse,the absence or poor physical development of penis may result impotent due to genetic defects.there is no such thing diminished potency or impotency,impotency may result to due to physical as well as mental diseases.in case of sterility ,examination of semen is essential.
The defence of impotency also pleaded in case of rape,adultery, and unnatural offences.
Women Fertility and virginity issue:
This is age of surrogacy ,test tube baby advance fertility treatments[IVF],In medical sense ,women will be fertile from the puberty to menopause,there are instances children are born in age group of 50's.Any defect of sexual organs [vagina ]clearly seen and same will be recorded in medical opinion,some times,physical defects like malformed sexual organs [absence of vagina] /organic defects may result infertility or over over-exposure to X -Rays may result infertility.
Virgin is female,who never experienced sexual intercourse,the question of virginity arises in cases of nullity of marriage,divorce,defamation and rape.however it is difficult to diagnose virginity,merely physical examination may not useful,there may be true virgin or false virgin,some time hymen may ruptured ,specially sportswomen ,due to exercises like cycling or injury, ,some times hymen may not rupture even during first sexual intercourse or several intercourse.The signs of virginity intact of hymen ,narrow vagina normal conditions of fourtchette and posterior commissure.
The absence of intact hymen or unruptured hymen is a presumption not a absolute evidence of virginity.
It is very discriminatory to conduct virginity test before marriage or jobs,such test are banned in some countries.
In land mark Air Hostess case,The Supreme Court of India faulted AIR INDIA employment policy, imposing condition that Air hostess should be virgin after employment,as one of per-condition of employment,it was struck down on the ground that it is unconstitutional and highly discriminatory,it is case of gender discrimination to women.
This verdict is highly regarded for upholding the concept of gender justice
This is age of surrogacy ,test tube baby advance fertility treatments[IVF],In medical sense ,women will be fertile from the puberty to menopause,there are instances children are born in age group of 50's.Any defect of sexual organs [vagina ]clearly seen and same will be recorded in medical opinion,some times,physical defects like malformed sexual organs [absence of vagina] /organic defects may result infertility or over over-exposure to X -Rays may result infertility.
Virgin is female,who never experienced sexual intercourse,the question of virginity arises in cases of nullity of marriage,divorce,defamation and rape.however it is difficult to diagnose virginity,merely physical examination may not useful,there may be true virgin or false virgin,some time hymen may ruptured ,specially sportswomen ,due to exercises like cycling or injury, ,some times hymen may not rupture even during first sexual intercourse or several intercourse.The signs of virginity intact of hymen ,narrow vagina normal conditions of fourtchette and posterior commissure.
The absence of intact hymen or unruptured hymen is a presumption not a absolute evidence of virginity.
It is very discriminatory to conduct virginity test before marriage or jobs,such test are banned in some countries.
In land mark Air Hostess case,The Supreme Court of India faulted AIR INDIA employment policy, imposing condition that Air hostess should be virgin after employment,as one of per-condition of employment,it was struck down on the ground that it is unconstitutional and highly discriminatory,it is case of gender discrimination to women.
This verdict is highly regarded for upholding the concept of gender justice
Banned in India: The medical Examinations to test for previous sexual activity were commonly
performed in India on the rape victims,it was banned on 29th of
January, 2012.Human Rights Watch
"had strongly criticized the test as "degrading and unscientific” and a
second assault on traumatized women, and raised concerns about Indian
courts bringing views of rape victims' general moral character into
their rulings"
The virginity test is not real indicator of recent sexual activity and most women rights activists sought ban on it.
The virginity test is not real indicator of recent sexual activity and most women rights activists sought ban on it.
Sexual Offences :
Important points in medical report :
1.The cloths: cloths of women provides strong indication of intercourse,condition of cloths ,loss of buttons ,the cloths can be damaged or torn conditions,all foreign particles found on cloths like semen,hair or blood,,in case of murder after rape ,naked body or semi naked body or torn cloths or disarranged ,it is indication that women has been brutally raped and murdered to cover up crime.
2.Marks of violence: In case of struggle ,injuries or wounds on the body viz mouth,throat,lips,chest thighs,legs,hands,shoulders,breast or bite marks causing bruises /cuts on nipples,neck,shoulders,chest wall,lower abdomen ,upper thighs etc.presence of blood or oozing of blood from vagina during violent rape.
The physical signs of ordinary rape and gang rape are clearly visible through physical examination of the victim.when two or more men over power women and commit rape ,there can be no resistance from the victim or victim may faint after gang rape.
3.The blood stains and seminal stains or other injuries like hymen rupture /tear.
4. Venereal disease [esp.accused person]
5.Examination of accused man ,whether he is capable of performing sexual intercourse ,especially man claims that he is impotent&pleads innocence or marks of violence on the accused in case of resistance.
6.The examination of vagina of victim through finger called "two finger test",there is lot debate about this test,many women activists seeking ban on "two finger test" as medical evidence of recent sexual activity,it is humiliating women and invasion of her privacy.It is human rights violation of women.
“The word finger testing sounds rude and is not used in the format now. The PV examination will be done only if the doctor feels that it is necessary and that too with the consent of the victim,” said a senior official in the Health Ministry of India,ministry made it optional,even changes have also been made in the way description of clothes was made in old format. In the old format, the description of clothes worn by victims included whether they were “attractive” or “rags” or were there “fresh tears, stains of blood/semen/mud, etc” on them.
7.Rape victim suffers from shock,trauma,and may also suffer from epileptic fits ,convulsions or mentally disturbances or even death may occur due to shock or bleeding or grave injuries to genitals.
The legal proof is important not a medical proof as rape is not medical diagnoses,no doctor can give opinion of rape ,the doctor can only state recent of sexual activity or injury or intoxication,it is very difficult to probe rape as witness are not available to corroborate the victim story,only circumstantial evidence are presented.There can true story of rape or false allegation of rape.The false rape can be disproved through medical evidence.
The medical reports plays very important role in many complicated cases and new medical technology is helping the courts in resolving many contentious issues like rape,paternity ,legitimacy etc.
Disclaimer : This is not reference material or expert opinion ,only a informative piece of article.
References :
As per Indian Penal Code ,A man commits rape if he has intercourse ,against her will or with out consent or consent obtained out of fear, ,intoxication like drugs/alcohol or unsoundness of mind or misrepresentation or fraud like false promise of marriage ,The slightest penetration of penis is rape with or with out emission of semen.some time ,the rape can be committed with out any injury.a young boy or old man can commit offence of rape.the victim of rape can be child or old women ;On rape ,United Nations says : "a physical invasion of a sexual nature, committed on a person under circumstances which are coercive."
Rape can be vaginal, oral, or anal penetration by the penis or any other object without consent of the other person,most experts opined definition of rape should be changed.
Important points in medical report :
1.The cloths: cloths of women provides strong indication of intercourse,condition of cloths ,loss of buttons ,the cloths can be damaged or torn conditions,all foreign particles found on cloths like semen,hair or blood,,in case of murder after rape ,naked body or semi naked body or torn cloths or disarranged ,it is indication that women has been brutally raped and murdered to cover up crime.
2.Marks of violence: In case of struggle ,injuries or wounds on the body viz mouth,throat,lips,chest thighs,legs,hands,shoulders,breast or bite marks causing bruises /cuts on nipples,neck,shoulders,chest wall,lower abdomen ,upper thighs etc.presence of blood or oozing of blood from vagina during violent rape.
The physical signs of ordinary rape and gang rape are clearly visible through physical examination of the victim.when two or more men over power women and commit rape ,there can be no resistance from the victim or victim may faint after gang rape.
3.The blood stains and seminal stains or other injuries like hymen rupture /tear.
4. Venereal disease [esp.accused person]
5.Examination of accused man ,whether he is capable of performing sexual intercourse ,especially man claims that he is impotent&pleads innocence or marks of violence on the accused in case of resistance.
6.The examination of vagina of victim through finger called "two finger test",there is lot debate about this test,many women activists seeking ban on "two finger test" as medical evidence of recent sexual activity,it is humiliating women and invasion of her privacy.It is human rights violation of women.
“The word finger testing sounds rude and is not used in the format now. The PV examination will be done only if the doctor feels that it is necessary and that too with the consent of the victim,” said a senior official in the Health Ministry of India,ministry made it optional,even changes have also been made in the way description of clothes was made in old format. In the old format, the description of clothes worn by victims included whether they were “attractive” or “rags” or were there “fresh tears, stains of blood/semen/mud, etc” on them.
7.Rape victim suffers from shock,trauma,and may also suffer from epileptic fits ,convulsions or mentally disturbances or even death may occur due to shock or bleeding or grave injuries to genitals.
The legal proof is important not a medical proof as rape is not medical diagnoses,no doctor can give opinion of rape ,the doctor can only state recent of sexual activity or injury or intoxication,it is very difficult to probe rape as witness are not available to corroborate the victim story,only circumstantial evidence are presented.There can true story of rape or false allegation of rape.The false rape can be disproved through medical evidence.
The medical reports plays very important role in many complicated cases and new medical technology is helping the courts in resolving many contentious issues like rape,paternity ,legitimacy etc.
Disclaimer : This is not reference material or expert opinion ,only a informative piece of article.
References :
- Dr.K.S N Reddy : The Essentials of Forensic Medicine and Toxicology.
Monday, January 23, 2012
IMPORTANCE OF MEDICAL REPORTS/FORENSIC MEDICINE
IMPORTANCE OF MEDICAL REPORTS /FORENSIC MEDICINE
OVERVIEW :
The bondage of law and medicine is ancient one ,as old as Egyptian civilization,The code of Hammurabi [Babylon-2200 BC]is oldest code on medical -legal cases.The Forensic medicine or legal medicine &Toxicology and medical jurisprudence gained lot of importance in the modern world due to newer technology like Finger Printing and DNA.
It is prudent for young police officers ,prosecuting officers,defence counsels and general public to gain fundamental knowledge of medical jurisprudence , forensic medicine and toxicology.The forensic medicine deals with the medical aspects of law viz .death,injuries,sexual offences ,infant deaths, poisoning ,accidents, homicide.The Medical jurisprudence deals with the legal aspects of practice of medicine viz.medical negligence ,rights &duties of doctor ,professional misconduct.Both Forensic medicine and Medical Jurisprudence are very important subjects in the criminal Justice system.
The medical students will be familiar with 'Medical Jurisprudence' , 'Forensic Medicine and Toxicology'.The 'Forensic medicine&Toxicology' is a branch of 'Medical Sciences',which plays crucial role in deciding medico-legal court cases.
An inquest is an detailed inquiry or investigation into the cause of death or sudden death,it is conducted , in case of suspicious or sudden death,murder ,mass killings ,killing by animals and accidents.
The highly experienced forensic medicine professional act as expert witness and their evidence[as per Indian Evidence Act under section 45 e.g doctor,firearms expert,finger prints experts,handwriting experts etc are called expert witnesses]will be considered crucial[or even clinching evidence] corroborative evidence in all court cases viz.cause of the death[medico-legal death investigation],time of death,sexual offences,paternity,fertility,determination of age etc.
INQUEST:
An inquest is an detailed inquiry or investigation into the cause of death or sudden death,it is conducted , in case of suspicious or sudden death,murder ,mass killings ,killing by animals and accidents.
- The Police inquest.
- The Coroner inquest.
- The magistrate inquest.
1.The Police Inquest : The police conducts inquest under section 174 of Criminal Procedure code ,1929 ,inform the local magistrate about the crime.
2.The Coroner Inquest : The corner inquest is conducted in Bombay /Calcutta under Coroner Act ,1871.No need to inform the crime to magistrate.The law commission in its report 206 ,in the year 2008 ,recommended enactment of central act called Coroner Act 2008.
3.The Magistrate Inquest:The District Magistrate or Sub Divisional Magistrate [District Collector or Dy.Collector or Tahsildar ] is empowered to conduct inquest in cases of custodial death, prison death,police firing ,dowry deaths and exhumation under section 174 &Section 176 of Cr.PC
In some countries like USA ,the coroner system is
prevalent ,a coroner is a government official,who Investigates human
deaths, determines cause of death for the issuing the death
certificates,In India,in Bombay ,the corner system is prevalent as per
corner act ,1871.
AUTOPSY :
The ancient Egyptians used to perform autopsy on corpses ,the removal and examination of internal organs for religious practice of mummification.
The term Autopsy is a Greek term autopsia, which mean "to see for oneself"In 44 BC, Julius Caesar was the subject of an official autopsy after, he was murdered by rival senators.
The Autopsy on corpses will be performed for medical examination of human and animal body parts by the medical students and it is also done to ascertain the cause of the death in medico -legal cases or sudden or suspicious death.
The term Autopsy is a Greek term autopsia, which mean "to see for oneself"In 44 BC, Julius Caesar was the subject of an official autopsy after, he was murdered by rival senators.
The Autopsy on corpses will be performed for medical examination of human and animal body parts by the medical students and it is also done to ascertain the cause of the death in medico -legal cases or sudden or suspicious death.
The Post-Morten examination and Post Morten certificate are other terms used in the modern world,they are medico legal reports on the request of the investigating officer for corroboration of criminal case in cases of assault,murder,rape,homicide and poisoning.The medical conduct autopsy after receiving request form from I.O,magistrate or coroner.
The reports consists of facts drawn from detailed observation of the body and the opinion formed basing on said facts,the same will be attached to the case file to be produced in the court during criminal trial,this will become evidence,once doctor attends the court and testify the facts under the oath.
The medical report should be two parts consists of examination of body and the opinion ,The Examination of body consists both external and internal. No doctor should sign the medical report with out examining the body & observing due formalities ,including visiting scene of crime to form suitable expert opinion on the cause of the death.If doctor does not visit the scene of crime ,he may not know all details of the crime.
CASE PARTICULARS:
1.Name of deceased or victim and as entered in the Jail or Police record
2.Address,Age (Approx) yrs; Sex : Male/Female
3.Body brought by (Name and rank of Police officials)
of Police Station
4.Identified by Names & addresses of relatives/persons acquainted
GENERAL
(l)Height__ cms.(2)Weight__ Kgs.
(3)Physique -(a)lean/medium/obese-(b)Well built/average built/poor built/emaciated
(4)Identification features (if body is unidentified), Finger prints be taken on seperate sheet and attached by the doctor.
(5)Description of clothes worn-important features:
(6)Post-mortem Changes:(a)As seen during inquest,Whether rigor mortis present Temperature (Rectal) others, (b) As seen at Autopsy.
(7)(a)External general appearance-(b)State of eyes(c) Natural orifices
EXTERNAL INJURIES:Mention Type,Shape,Length x Breadth&Depth of each injury and
its relation to important body landmark.Indicate,which injuries are
fresh and which are old and their duration.(i) Injuries be given serial
number and mark similarly on the diagrams attached.(ii) In stab
injuries, mention angles,margins and direction inside body.(iii) In fire arm injuries,mention about effects of fire also.
5.EXAMINATION OF SPINAL COLUMN&SPINAL CORD(To be opened where indicated)
i)Probable time since death(keep all factors including observations at inquest)
ii)Cause &manner of death-The cause of death to the best of my knowledge and belief is :-
(a)Immediate cause -
(d)Manner of causation of injuries
(e)Whether injuries (individually or collectively) are sufficient to cause death in ordinary course of nature or not ?
iii)Any other
SPECIMENS COLLECTED & HANDED OVER [Enclosures ]
a)Viscera(Stomach with contents,small intestine with contents, sample of liver,kidney(one half of each),spleen, sample of blood on gauze piece (dried),any other viscera, preservative used)
b)Clothes
c)Photographs(Video cassettes in case of custody deaths, finger prints etc)
d)Foreign body(like bullet, ligature etc.)
e)Sample of preservative in cases of posioning &Sample of seal
h)Slides from vagina, semen or any other material.
No doctor can examine women without prior request form from I.O or magistrate and no women can be forced to undergo medical examination,her prior consent is required,if victim is under 12 yrs or unsound mind ,the consent of parents or guardians must be taken in writing.
The victim should be examined in the presence of female nurse or attendant.The I.O should also ensure that victim should be taken to hospital immediately[not take bath or change cloths prior to medical examination].
PM report in original,inquest papers,dead body,clothings and other articles (mention there) duly sealed (Nos.) handed over to police official No.of PS-whose signatures are herewith.Signature,Name of Medical Officer:(in block letters),Designation,Seal.
The medical report prepared by doctor should based on his own observation,the doctor should be able to defend the same in the court of law personally testifying ,he should not hesitate to give details of observation in the court and answer all questions diligently posed by the court and patiently face the cross examination of defence counsel by answering questions in an unbiased manner. He should confine himself to medical knowlegde,his role is furnishing the expert opinion of the crime.The presumptions,conjectures and assumptions are not expert evidence or proof.There should be no scope for vagueness or inaccuracy in preparing the medical report.
India follows the International Statistical classification of diseases,injuries, and causes of the death as per classification ,the reports are prepared in India.No doctor should sign death certificate without examination of body.
The medical reports play crucial role in courts cases,it is corroborative peice of evidence in determining the crime.It has become indispensable part of criminal justice administration.
Disclaimer :This is only informative peice of article not reference material or expertise work.
Next : Importance of Medical reports in Paternity,Impotence ,Sterility&Sexual offences cases.
The reports consists of facts drawn from detailed observation of the body and the opinion formed basing on said facts,the same will be attached to the case file to be produced in the court during criminal trial,this will become evidence,once doctor attends the court and testify the facts under the oath.
FUNDAMENTALS OF MEDICAL REPORT.
The medical report should be two parts consists of examination of body and the opinion ,The Examination of body consists both external and internal. No doctor should sign the medical report with out examining the body & observing due formalities ,including visiting scene of crime to form suitable expert opinion on the cause of the death.If doctor does not visit the scene of crime ,he may not know all details of the crime.
CASE PARTICULARS:
1.Name of deceased or victim and as entered in the Jail or Police record
2.Address,Age (Approx) yrs; Sex : Male/Female
3.Body brought by (Name and rank of Police officials)
of Police Station
4.Identified by Names & addresses of relatives/persons acquainted
PART-I
SCHEDULE OF OBSERVATIONS
GENERAL
(l)Height__ cms.(2)Weight__ Kgs.
(3)Physique -(a)lean/medium/obese-(b)Well built/average built/poor built/emaciated
(4)Identification features (if body is unidentified), Finger prints be taken on seperate sheet and attached by the doctor.
(5)Description of clothes worn-important features:
(6)Post-mortem Changes:(a)As seen during inquest,Whether rigor mortis present Temperature (Rectal) others, (b) As seen at Autopsy.
(7)(a)External general appearance-(b)State of eyes(c) Natural orifices
EXTERNAL EXAMINATION OF BODY PARTS:
EXAMINATION OF BODY PARTS:
1.EXAMINATION OF HEAD
- Scalp findings
- Skull(Describe fractures here & show them on body diagram enclosed)
- Meninges,meningeal spaces&Cerebral vessels(Hemorrhage&its locations,abnormal smell etc.be noted)
- Brain findings & Wt.(Wt._gms.)
- Orbital,nasal&aural cavities-findings
2. EXAMINATION OF NECK
- Mouth, Tongue & Pharynx
- Larynx & Vocal cords
- Condition of neck tissues
- Thyroid & other cartilage conditions
- Trachea
- Ribs and Chest wall
- Oesophagus
- Trachea & Bronchial Tree
- Pleural Cavities
- Pleural Cavities-R-L
- Lungs findings & Wt.- Rt.__ gms.&Lt._ gms.
- Pericardial Sac
- Heart findings & Wt__
- Large blood vessels
- Condition of abdominal wall
- Peritoneum & Peritoneal cavity
- Stomach(wall condition,contents&smell)(Weight__ gms.)
- Small intestines including appendix
- Large intestines & Mesentric vessels
- Liver including
- Gall bladder (wt _gms)
- Spleen (wt._gms.)
- Pancreas
- Kidneys finding & Wt. - Rt._ gms & Lt._ gms.
- Bladder & urethra
- Pelvic cavity tissues
- Pelvic Bones
- Examination of Genital organs(Note the condition of the vagina, scrotum, presence of foreign body,presence of foetus,semen or any other fluid,and contusion,abrasion in and around genital organs)[helpful in determining the sexual assault]
5.EXAMINATION OF SPINAL COLUMN&SPINAL CORD(To be opened where indicated)
PART-II
OPINION:
i)Probable time since death(keep all factors including observations at inquest)
ii)Cause &manner of death-The cause of death to the best of my knowledge and belief is :-
(a)Immediate cause -
(b)Due to -
(c)Which of the injuries are ante-mortem/post-mortem& duration if antemortem ?
(d)Manner of causation of injuries
(e)Whether injuries (individually or collectively) are sufficient to cause death in ordinary course of nature or not ?
iii)Any other
SPECIMENS COLLECTED & HANDED OVER [Enclosures ]
a)Viscera(Stomach with contents,small intestine with contents, sample of liver,kidney(one half of each),spleen, sample of blood on gauze piece (dried),any other viscera, preservative used)
b)Clothes
c)Photographs(Video cassettes in case of custody deaths, finger prints etc)
d)Foreign body(like bullet, ligature etc.)
e)Sample of preservative in cases of posioning &Sample of seal
g)lnquest papers (mention total number & initial them)
h)Slides from vagina, semen or any other material.
MEDICAL EXAMINATION OF RAPE VICTIM&PROCEDURES/ FORMALITIES:
No doctor can examine women without prior request form from I.O or magistrate and no women can be forced to undergo medical examination,her prior consent is required,if victim is under 12 yrs or unsound mind ,the consent of parents or guardians must be taken in writing.
The victim should be examined in the presence of female nurse or attendant.The I.O should also ensure that victim should be taken to hospital immediately[not take bath or change cloths prior to medical examination].
The moot questions for the doctor is
[1]whether there is recent evidence of sexual intercourse with presence of semen or other discharges.
[2]physical signs to confirm use of the force viz. pain or oozing of blood from vagina or bruises ,wounds,scratches,teeth bites on the body parts e.g face,chest[breast],hands,thighs and genital organs.
[3]Whether medical evidence confirm the allegations of sexual assault.
OTHER PROCEDURAL FORMALITIES :
PM report in original,inquest papers,dead body,clothings and other articles (mention there) duly sealed (Nos.) handed over to police official No.of PS-whose signatures are herewith.Signature,Name of Medical Officer:(in block letters),Designation,Seal.
The medical report prepared by doctor should based on his own observation,the doctor should be able to defend the same in the court of law personally testifying ,he should not hesitate to give details of observation in the court and answer all questions diligently posed by the court and patiently face the cross examination of defence counsel by answering questions in an unbiased manner. He should confine himself to medical knowlegde,his role is furnishing the expert opinion of the crime.The presumptions,conjectures and assumptions are not expert evidence or proof.There should be no scope for vagueness or inaccuracy in preparing the medical report.
THE MEDICAL CERTIFICATION OF DEATH :
India follows the International Statistical classification of diseases,injuries, and causes of the death as per classification ,the reports are prepared in India.No doctor should sign death certificate without examination of body.
The medical reports play crucial role in courts cases,it is corroborative peice of evidence in determining the crime.It has become indispensable part of criminal justice administration.
References :
- http://en.wikipedia.org/wiki/Autopsy
- http://en.wikipedia.org/wiki/Inquest
- http://uppolice.up.nic.in/All%20Rules/Dr%20Training%20material%20for%20CD/Annex%202%20custodial%20rape%20death.pdf -NHRC guidelines in custodial deaths.
- UN model format of Post-Mortem /autopsy report
- Dr.K.S Narayana Reddy:The Essentials of Forensic Medicine and toxicology.
Disclaimer :This is only informative peice of article not reference material or expertise work.
Next : Importance of Medical reports in Paternity,Impotence ,Sterility&Sexual offences cases.
Monday, January 16, 2012
Importance of Scene of Crime /Offence
Importance of Scene of Crime /Offence.
In Arushi murder case,CBI accused Rajesh Talwar &Nupur Talwar disturbing the scene of the offence.The scene of offence or scene of crime is one of the most important component of criminal investigation.It is a place where crime committed or reported, place where alleged crime has been committed by the accused,where victim body found dead or injured or raped,it can be murder,rape ,assault ,or it can be mass disaster like bridge or building collapse or railway accidents or road accidents,even theft or dacoity &other property related or economic offences also,scene of crime is one of the most important component of investigation.
whenever police officer /investigating officer[I.O]receives information that crime/offence has committed ,foremost duty of police officer is to rush to scene of crime or offence and cordon off the area and starts investigating the crime in an logical manner,diligently and scientific manner,he should seek the help of experts like DNA/Finger print experts or medical experts to gather vital clues from the area.
He should not cause delay in sending dead body for postmortem to as-certain the cause of the dead ,which proves vital in investigating the crime ,similarly he should send all materiel picked from scene of the crime [exhibits ]dispatch it to forensic lab for further examination.
He should not cause delay in sending dead body for postmortem to as-certain the cause of the dead ,which proves vital in investigating the crime ,similarly he should send all materiel picked from scene of the crime [exhibits ]dispatch it to forensic lab for further examination.
The action to be taken by the police:
- First Information Report [FIR ]: As soon as police receives information about the commission of crime /offence, ,he should enter ¬e it in general dairy ;[a]date of &time of receipt of said information[b]mode of receiving information [telephone ,letter or in person][c]Name and address of informant[d]place &location of occurrence of crime.As per procedure,FIR should be sent to local magistrate.
- Scene of Crime : The concerned Investigating officer [IO] should rush to the scene of crime /offence with finger print experts,medical experts or other experts ,if necessary.
- Procedural formalities : I.O should note the following[a] Time of arrival[b] condition of victim[c] no. of persons present &their details at the scene of crime[d]other information.
- Examination of Victim /Body :if victim is alive ,he /she should be shifted to local hospital for treatment.Note the Details of Victim/dead body:[a]What is identity of the body[b]What is condition of body [e.g on set of putrefaction or highly decomposed][c]What are nature of wounds found on injured or dead body [cuts,wounds,burns,spells of acid or petrol or other smells etc][d]What are conditions of clothing[strains,tears,buttons].
- Shifting body: One of the most difficult job is shifting dead body to nearest civil hospital for conducting postmortem and getting the doctors report.This is most difficult and embarrassing job for police ,because some times dead bodies will be in very bad or decomposed state[ with foul smell ],police find hard to gather people to shift the dead bodies.
- Dying Declaration :One of the important job for police get Dying Declaration statement from the victim before magistrate,if his or her chances of survival is bleak.It is well established that dying declaration plays crucial role in crimes ,it is well accepted notion that dying man never lie,so his statement taken seriously ,while convicting the accused in the crime.
The scene of crime helps the police coming to the conclusion that;
- The alleged offence has been committed at a given place &time by the accused with eye witness present or circumstantial evidence to prove the commission of the offence.
- Such offence has been committed by the accused with guilty mind /intention.
- In a stated manner.
- By exhibited means or instrument.
- The act or omission is punishable with prescribed punishment under provisions of the law.[IPC]
The scene of offence is one of the important component in the investigation of the criminal cases.
Tuesday, January 10, 2012
WHAT IS PANCHANAMA ?
WHAT IS PANCHANAMA ?
-For dummies -
Panchanama is very important document for Police ,public prosecuting officer[PP],accused ,victims and defence counsels.Every young police officer and budding lawyer should grasp nuances of the investigating procedures ,drafting good panchanama is one of the vital component in all criminal cases.
Once FIR is lodged by complainant or any information is received by the Station House officer by an anonymous caller or friend of police, criminal law sets into motion with lodging of FIR ,the work of police officer begins, first and foremost duty of Investigating officer is preceding to the scene of offence or crime with his team consists of Photographer,Forensic team[clues team]or Dog Squad[if necessary ] and keenly survey the scene of offence to draft the mediators report mentioning all details without missing vital clues.
The good and intelligent I.O diligently observes the scene of offence and meticulously prepare the Panchanama with a drawing sketch,speaking to all people present at the scene of the offence.
It is very important to know to whom I.O is interacting,some times suspects or supporters of accused, them selves may mislead the police to divert the attention of the Police team and dilute the case.
It is always advisable to pick up respectful, honest,impartial ,unbiased ,healthy panchas[it is advisable to avoid old &sick people],it may be crime scene, or weapons recovery or recovery of contraband.
The possibility of wining the prosecution case depends upon the drafting of good panchanma with all minute details without missing vital clues,which can decide the outcome of the prosecution case.
If loose ends or discrepancies or inaccuracy exists in panchanama,it will invariably helps the accused to escape the law and prosecution case ends in acquittal and hard work of I.O goes waste.
The Panchanama is also prepared during search and search operations for various crimes or investigations after obtaining search warrant from trial courts under Sections 94,97 and 100 of Criminal Procedure code ,search can be conducted with out search warrant from the courts under Section 165.
It is duty of I.O pick up all vital clues/documents ,which will only helps the case,it is prudent for I.O to avoid scrap material[insignificant documents/material],which won't help the prosecution case.
It is duty of I.O pick up all vital clues/documents ,which will only helps the case,it is prudent for I.O to avoid scrap material[insignificant documents/material],which won't help the prosecution case.
The Definition of Panchanama:
Panchanama is also called Mediators report. 'Panch' means in Sanskrit respectable persons.The panchanama is statement of persons present at the time of arrest,search and seizure.
The Panchanama statement will be recorded at the scene of crime /offence with presence of Investigating officers ,Prosecuting witnesses,accused and two mediators,who should be unbiased,independent and honest persons.
The panchanama is very important document in criminal cases because it will be send to trial court long with FIR &CD/ CR and contraband materials/weapons or Exhibits recovered recovered from scene of offence.
The Essentials of Panchanama :
- Description of the scene of offence with sketch&drawing and photographs.
- Persons found at scene of offence.
- Records found at scene of offence or weapons or exhibits.
- The contraband material found during search&seizure.
- Taking Photo's
- It should be signed by the prosecution Witness[PW],Prosecuting officer /I.O and mediators.
Chief Ingredients of the Panchanama :
- Names of officers conducting Panchanama
- Place ,Date and Time
- Description of Panchas
- Description of Scene of offence with Sketch describing the scene neatly , with direction of body placed [ North ,South,East and West ],houses ,boundaries of the house.
- Mentioning exhibits/weapons recovered at the scene of offence[like cloths, documents ,personal belonging or other human particles.],prepare list of articles recovered at the scene of offence.
- Explaining the panchas ,purpose of search &seizure with or with out order of the court.
- Describing persons found working at the time of Search and Seizure mentioning their age and nature of duty undertaken at that place.
- List of legal documents found during Search and Seizure.
- Description of contraband &particular place where they have been found ,during Search and Seizure.
- Brief statement of persons found at scene of offence or place where contraband material found.
- Drawing of samples &its procedure.
- The records searched and verified relevant to the case.
- List of articles seized during search and seizure should be given to accused.
In several cases ,the court voiced the importance of Panchanama and its value in prosecution cases.The loose documentation of panchanama will help the accused/suspects.
It is very important for police department to train the young policemen in the art of drafting good panchanama and senior police officers should take initiative to train and help junior colleagues while drafting panchanama ,especially complicated cases .
It is advised and it is better to draft panchanama in regional language ,if I.O is not well conversant with English.The court will find bad document,hard to understand or comprehend , when it is poorly drafted with grammatical errors and inadequate or inaccurate description,in order to avoid such problems ,it is better to draft the panchanama in local language.Bad Panchanama or charge sheet is bone to accused and his counsel.
The good investigating skills of the Police plays vital in all criminal cases ,an good police man is nightmare to defence counsel and help ful to the trial court to come to the logical conclusion and finally, punish the quilty persons.
The police officer should cultivate the habit of reading criminal law manuals and other materials given by the police department and be well conversant with procedures /process,which won't give any scope for accused to escape the law.
Problems with Hostile Witnesses:
Only problem confronting prosecution is witness turning hostile,which is the main reason for acquittal of cases,all hard work of police goes waste, conviction rate increases ,if they ensure that witness don't turn hostile,but it never happens in reality. We don't have witness protection mechanism.The trend of witness turning hostile should be curbed,which is not an easy task.
Problems with Hostile Witnesses:
Only problem confronting prosecution is witness turning hostile,which is the main reason for acquittal of cases,all hard work of police goes waste, conviction rate increases ,if they ensure that witness don't turn hostile,but it never happens in reality. We don't have witness protection mechanism.The trend of witness turning hostile should be curbed,which is not an easy task.
The defence counsel ,however smart ,intelligent or famous [brand name], he may be ,can't win his client case ,if case is excellently, meticulously and smartly investigated by an intelligent ,duty minded and honest police officer.
Author :
The author of the informative peice of article is practicing advocate &legal consultant, ,Andhra Pradesh High Court&other courts at Hyderabad,A.P -Hyderabad and also worked as Legal consultant to A.P Women's Commission for some time.
Note:This is only an informative peice of article for dummies not reference material,for further reading &understanding ,read Criminal Major Acts and Criminal Rules of Practice.
Thursday, January 5, 2012
BASIC PROCEDURE -PROCESS OF COURTS
THE BASIC PROCEDURE-PROCESS
OF the Trial COURTS
Basic understanding of
procedure /process of courts in both criminal and civil cases in nut-shell [for
dummies] ,not a exhaustive commentary or reference material:
Many Young
students/Advocates take time to understand procedural laws.Only careful and
meticulous study ,one can learn procedural law with ease.
To become successful lawyers,one must muster
procedural laws,we often ignore it,when we study at university.The mustering
procedural laws should be given utmost importance along with substantive law.
"CIVIL"
The procedure involved in civil cases.
Plaint:Preparing PLAINT (in duplicate) along with [a]Verifying affidavit
[b]Valuation slip
[c]Vakalatnama
[d]List of documents
[e]Interim Application(IA)
[f]Process fees
[g]Copies for the court & other side i.e defendants
Filing-Filing of plaint before Chief Ministerial
Officer[Sherestedar)–paying appropriate court fee &process fees.
Numbering :Initially S.R No. will allotted, after office scrutiny[it may
returned for lack of clarity in documentation or discrepancies or vagueness in
drafting ], if registry/office is satisfied ,number [OS .no e.g 01/2012]
will be allotted, the file will come before the bench /court.It is first hurdle
in civil cases.
Hearing on IA
No.1 (if any IA is filed for immediate relief e.g Interim Application[out of
order] like restrain order or injunction order)
Interim Order :If IA is allowed, comply
with the order. [compliance means sending IA copy to the other side by
Registered Post with Acknowledgment due and filing
affidavit to that effect in the court]- On every interim application ,there will be stages to be followed by either of the
party–objection by the other side – Hearing– Order on said IA.
-Or the court will issues Notice/Summons to other side.
-Return of notice
-If other side
appears, they will file vakalat or they will be placed ex-parte.
-If notice is
not served to the other side[due to wrong address ]
-Steps to re-issue the summons to be taken by filing process or take
steps to give public notification in news paper advertisement, if address of defendants
is not known.
-Written
statement-If the other side appears, matter will be posted for Written
statement of defendants
-Issues–after
filling of Written Statement ,the court will frame issues involved in the
case[suit]
-Evidence–after framing the issues ,evidence of plaintiff ((PW) by way of filing affidavit and exhibiting the documents
-Cross
examination–Cross examination of plaintiff.
-Cross examination–Cross examination of the defendant.
-Argument–Court
will hear arguments of the plaintiff counsel.
-Argument–Court
will hear arguments of the defendant counsel.
FINALE JUDGEMENT
-------------------------------------------------------------------------
" CRIMINAL"
-FIR[First Information Report]–complaint to police registers FIR-Sec-154
Cr. P .C.,-FIR sets criminal law into motion.[Private Complaint can be filed in
magistrate court ,which will beagain referred to police for investigation],FIR
is not compendium ,all details are not necessary.
-Cr.No will be allotted e.g Cr. No. 12/2012-Malakpet P.S ..
&CD will be maintained as per procedure.
-INVESTIGATION:on investigation accused will be arrested.Police
will visit the scene of crime,collect evidence-when,how,where,whom,why&other incriminating
material,conduct panchanama /inquest[P.M will be conducted at civil hospital to
a-certain the cause of death ],police will start pining down the suspects
with available clues at scene of the crime/offence.
-PRODUCTION–accused will be produced before the Magistrate,accused will
be send to judicial custody[after examination by the doctor to
ascertain the fitness of accuse]
-BAIL–application for bail is to be filed (if Bailable -u/s 436,
Non-Bail able -u/s 437 before Magistrate ,in bailable cases ,bail is matter of
right unlike non–bail able cases) an anticipatory bail can be sought for
apprehension of arrest.
-OBJECTIONS–APP will file objections after receiving instructions
from concerned Police Station.
-HEARING–Court will hear the matter.
-ORDER–Order on bail
-FINALE REPORT /CHARGE SHEET–the police will file Final Report i.e.Charge
sheet,detail report mentioning offences committed by the
accused,witness[PW],Exhibits-weapons recovered-Post Morten &expert
reports.Complainant can object charge sheet ,magistrate can ask police to file
charge sheet again.[if the offences are trial able by sessions court, the court
will commit the matter to the sessions court]
-HEAR BEFORE CHARGE–It is mandatory for court to hear the matter before
charge
-CHARGE–Charges
framed by the court will be read over to the accused and ask them,whether they
are guilty ?. If the accused denies the guilt, plead innocence, and then it
will be posted for trial,if accused plead guilty,no question of trial.
-TRAIL–court
will issue summons to the Witnesses for trial.
-EXAMINATION- IN- CHIEF-chief examination of witnesses by APP.
-CROSS EXAMINATION–Cross
examination by counsel/Adv. for accused.
-MANDATORY 313 CR.PC STATEMENT–read over by judge to the accused.
-ARGUMENTS–arguments
by Public Prosecutor &Defence counsel.
-JUDGEMENT
-If in FIR offences alleged are exclusively triable by Sessions
Court then a separate Criminal Misc is to be filed before the Sessions court
for bail.
-CRIMINAL MISC– Criminal Misc petition for bail is to be filed before
Sessions court along with certified copy of First Information Report &
complaint.
-NOTICE TO
PUBLIC PROSECUTOR–Court will issue notice to Public Prosecutor
-OBJECTIONS–Public Prosecutor
[after getting instructions from concerned police station] will file objections
or oppose bail
-HEARING OF ARGUMENTS–Court will hear the arguments.
-ORDER–Order
on bail, if bail is rejected, accused can file bail application again, there is
no bar on filing no. Of bail applications,
accused can approach High court /Supreme court,if bail is rejection by
the trial court.
- After filing of the charge sheet, the
lower[magistrate] court will commit the matter to Sessions court and session
court will after framing the charges, fix the dates for trial and above
mentioned procedure of evidence/mode of trial will be followed.
Quantum of Sentence -Court will decide quantum of sentence after
accused is found guilty of offences as alleged in the charge sheet.
-JUDGMENT-pronouncement of Sentence.
References &Read more :
1.Criminal Procedure code ,1973.
2.Civil Procedure code,1908.
3.Indian Evidence Act 1872
Note :The basic procedure ,which is followed
by the trial courts,pl report,if any discrepancies,omissions or error
exists in above note or construction ,suggestions will also be appreciated.This
is not reference material but reconstruction from reference material .This is for dummies
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