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Orders Health Department to Issue Guidelines for Medical Witnesses in POCSO Cases
In a significant move aimed at strengthening the evidentiary framework in cases under the , the has directed the to issue comprehensive guidelines for medical professionals acting as . The order came in response to a glaring inconsistency in a doctor’s testimony that threatened to undermine the prosecution’s case against two men convicted of sexually abusing an eight-year-old boy. Justice B. Pugalendhi, presiding over the matter, underscored that the efficacy of the justice delivery system depends heavily on the credibility of and that every medical professional must discharge their duty with the highest standards of competence.
Contradictory Testimony Prompts Court Intervention
The case arose from an appeal by two convicts, Nambu Kaleeswaran and another, who sought suspension of their 20-year sentence under pending appeal. The allegation involved compelling the minor victim to perform oral sex and inserting their private parts into the boy’s anal rectum. During the trial, the doctor who examined the victim gave contradictory statements: in his , he claimed to have found injuries in the mouth and anal rectum, but under , he stated there were no injuries at all.
Relying on this inconsistency, the convicts argued that the prosecution had failed to prove its case medically and sought suspension of the sentence. The prosecution countered by pointing to the testimony. Recognizing the apparent contradiction, Justice B. Pugalendhi called upon the doctor to explain. The doctor submitted that the initial examination was conducted by another medical officer and that the injuries were recorded in hospital records but were not properly transcribed into the , giving rise to the discrepancy.
After perusing the medical records, the court found that the grounds raised by the petitioners lacked merit and dismissed their plea for . However, the court deemed it necessary to address the larger issue of the quality of medical evidence in POCSO trials.
Court’s Observations on Medical Evidence
Justice Pugalendhi made clear that the credibility of is a cornerstone of the criminal justice system. “The efficacy of the justice delivery system depends, to a considerable extent, upon the credibility of . It is, therefore, imperative that every medical professional entrusted with this responsibility discharges it with the highest standards of competence, objectivity and professional integrity,” the court observed.
The court noted that the inconsistency in the doctor’s testimony was not an isolated incident but indicative of systemic gaps in how is documented and presented. The gap between hospital records and the formal highlighted the need for standardized procedures and better training for medical professionals in .
Guidelines for Medical Professionals
To address these shortcomings, the court directed the Secretary to Government, Health and Family Welfare Department and the to issue a circular to all government medical colleges and hospitals detailing the responsibilities of medical professionals when acting as in POCSO cases. The circular must emphasize ethical standards, requiring every medical witness to depose objectively, honestly, and impartially.
Specifically, the court mandated that all —including , wound certificates, and other documents—must accurately record clinical findings and professional opinions formed at the time of examination. Entries must be made in a clear, legible, and unambiguous manner, avoiding illegible handwriting, unexplained abbreviations, and ambiguous expressions. Whenever infrastructure permits, records should be generated in typed or computer-generated formats to ensure ready comprehension.
The court also called for a revised proforma for the Medico-Legal Examination of Survivors/Victims of Sexual Violence issued by the . This proforma should be designed to minimize errors and facilitate consistent documentation.
Additionally, the court directed that must familiarize themselves with relevant medical records before entering the witness box. They should carefully understand every question put during chief and , seek clarification where ambiguity exists, and read and verify their thoroughly before signing.
Impact on Justice Delivery
This decision has far-reaching implications for the prosecution of sexual offences against children. Medical evidence often serves as a critical pillar in POCSO cases, where victims may be too young or traumatized to testify clearly. When contradictory testimony from medical experts sows doubt, it can lead to or , undermining the very purpose of the special legislation designed to protect children.
The guidelines aim to reinforce confidence in and minimize the possibility of errors. By standardizing documentation and practices, the court seeks to ensure that medical evidence presented is reliable, consistent, and legally robust. This is especially important in a context where the lies on the prosecution, and any weakness in medical evidence can be exploited by the defence.
Legal professionals and forensic experts have welcomed the move. It is expected to reduce the incidence of doctors being caught off guard during and will encourage meticulous record-keeping from the moment of examination. The requirement that records be typed or computer-generated will also reduce disputes over illegible handwriting, a common challenge in trial courts.
Conclusion
The ’s directive represents a proactive step toward improving the quality of evidence in POCSO cases. By holding the Health Department accountable for issuing clear guidelines and by emphasizing the ethical obligations of medical witnesses, the court has addressed a systemic vulnerability in the criminal justice process. While the convicts’ plea for was rejected, the lasting legacy of this order may well be a more reliable and transparent framework for in child sexual abuse cases. As Justice Pugalendhi noted, the credibility of the entire justice delivery system rests on such small but critical interventions. The guidelines, once issued, will serve as a benchmark for medical professionals across Tamil Nadu and potentially inspire similar reforms in other states.
