VidhiSangh

Supreme Court of India · 16/04/2019

MANJU DEVI versus STATE OF RAJASTHAN & ANR.

[2019] 6 S.C.R. 68 · 2019 INSC 538

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Summary

The Supreme Court allowed examination of the Nigerian doctor who conducted the first post-mortem in a trial concerning an unnatural death abroad. His opinion on the cause of death was material, while the later Indian Medical Board could give no definite conclusion. Neither the age of the trial nor an exhibited copy of the report justified refusing essential testimony. The trial court was directed to obtain the evidence through commission and/or video-conferencing and conclude the proceedings expeditiously.

Issues

  1. Whether prolonged pendency and an exhibited report justified refusing examination of a material medical witness.
  2. Whether commission or video-conferencing could secure testimony from abroad without undue inconvenience.

Provisions considered

Held

Result

Appeal allowed. Orders rejecting the Section 311 application set aside and application allowed. Trial court directed to secure the doctor’s evidence by commission and/or video-conferencing and proceed expeditiously.

Judgment PDF: Supreme Court of India, [2019] 6 S.C.R. 68.